SRINIVASA REDDIAR Vs. P KRISHNASWAMI REDDIAR

JUDGEMENT

(1.) This is an appeal under Clause 15, Letters Patent filed against the judgment of Somasundaran J. in Criminal R. C. No. 636 of 1953. The said case was filed under Ss. 435 and 439, Criminal P. C. against the order of the Sub-Divisional Magistrate of Musiri in M. C. No. 18 of 1953 on his file, which was an application by the trustees of a temple under Section 87, Madras Hindu Religious and Charitable Endowments Act, 1951, for delivery of certain properties alleged to belong to the temple. The Magistrate dismissed the application. Somasundaram J. set aside this order of the Magistrate and directed the trustees to be put in possession of the properties. This appeal is against that order;

(2.) On a preliminary objection taken to the maintainability of the appeal, we heard arguments only on that question. After listening at length to Mr. K.V. Venkatasubramania Iyer, learned counsel for the appellants, we have come to the conclusion that the preliminary objection is well founded and that the appeal is not competent.

(3.) Clause 15, Letters Patent on which the appellants found their right to appeal runs thus: