ARULMIGHU MAHALAKSHMI TEMPLE Vs. M S SRINIVASA RAGHAVAN

JUDGEMENT

(1.) THE above appeal is filed as against the order dated 31.12.2003 in Application No.5338 of 2000 in C.S.No.703 of 1999 passed by the learned single Judge.

(2.) THE respondents herein have filed C.S.No.703 of 1999 under Section 92 of the Civil Procedure Code seeking permission to dispose of the suit schedule mentioned property by entering into joint a development agreement and pay off the liabilities of the trust. THE suit is filed contending that the subject matter of the suit absolutely vests with the trust, and the respondents, who are the trustees, are entitled to deal with and dispose of the same in the best interest of the trust. It is further contended therein that the trust property is secular in character, and the same can be used for secular purposes, and it is outside the purview of the Tamil Nadu Hindu Religious and Charitable Endowment Act (hereinafter called as the Act). It is further contended that the respondents/plaintiffs have raised a dispute under Section 63(f) of the H.R. & C.E. to declare the property dedicated under the deed of settlement as a secular property, and the Joint Commissioner in O.A.No.3 of 1996, by order dated 15.11.1998, held that the property dedicated under the deed of settlement is for secular purposes which squarely comes under the secular character and as such, the temple cannot have any objection for the grant of permission. THE learned single Judge of this Court by considering the evidence available on record, by order dated 24.4.2000 granted permission to the respondents/plaintiffs to dispose of the property.

(3.) THE point for determination in this appeal is as to whether the property in question is secular in nature and as such the order of the learned single Judge is correct or not"