V SRINIVASA CHELLIAR Vs. G SELVANAMBI

JUDGEMENT

(1.) DEFENDANTS 5 to 8 are the appellants in this appeal against the decree in O. S. No. 906 of 1978 on the file of Subordinate Judge's court, tiruchirapalli, setting aside the order dated 16. 10. 1976 of the 1st defendant 2nd respondent herein, viz. , the Commissioner. Hindu Religious and Charitable endowments, Madras and declaring that the suit trust is not a religious institution" under the Tamil Nadu hindu Religious and Charitable Endowments Act,, 1959 (hereinafter referred to as''theact''), but that it is only a private trust of the plaintiff-lst respondent's family. Originally the 1st respondent filed C. A. No. 6 or 1974 on the file of the deputy Commissioner, H. R. & C. E. , Trichy, under Sec. 63 (a) of the Act for declaring that the suit Trust is not a religious institution under the Act. But, that application was dismissed by order dated 28. 8. 1975 (marked as Ex. B-2 in the suit) by the Deputy Commissioner, holding that the suit trust was only a religious institution. Thereafter, the 1st respondent preferred an appeal in a. P. No. 73 of 1976 before the 2nd respondent-Commissioner and by order dated 16. 10. 1976 (marked as Ex. A-13 in the suit) the Commissioner only confirmed the order of the Deputy Commissioner and dismissed the appeal. Hence the present suit was filed under Sec. 70 of the Act for setting aside the order of the said commissioner and for declaring that the trust is a private trust. The suit having been decreed as prayed for, the trial court holding that the suit trust was not a religious institution, the appeal has been preferred by defendants 5 to 8.

(2.) . The 2nd defendant-3rd respondent is the Fit Person appointed by the Commissioner and 3rd defendant-4th respondent is a paternal grandson of one of the original three trustees to the said trust. It may also be pointed out here that the plaintiff himself is the maternal grandson of another original trustee of the said Trust. Admittedly, originally there was a sabha founded by one Ramanujadasar and he dedicated the suit properties which were got by him partly by way of purchase and partly by way of donations under the trust deed Ex. A-l dated 11. 5. 1930, whereby he appointed three trustees by name (1) Nallasamy Chettiar, (2) Venkatarama Chettiar, and (3) Veeraraghava chettiar. It is these trustees who are referred to as original trustees earlier.

(3.) IN the light of the decisions referred to above, I shall now try. to deal with the relevant pleadings and evidence. Even initially i may point out one passage in the plaint itself. IN paragraph 14 of the plaint, it is alleged as follows: ' 'The occasion if any for the public to participate in the functions of the sabha are, occasions of the celebration of the birthday Thirunatchatram of the said Guru which is after all on annual celebration. The nature of celebrations or mode of participation by the members of the public will in no way probabil-ise that the sabha is a religious institution much less are dedicated to the public.' ' Thus even in the plaint, an admission to this effect is there, viz. , the public participated annually in the celebration of the birthday Thirunatchatram of the abovesaid Guru.