GANAPATHY RAJA VALIA RAJA OF EDAPALLY SIVAROOPAM Vs. COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS

JUDGEMENT

(1.) The question involved in all these cases is whe-ther the District Court or the Sub Court has jurisdiction to hear and dispose of suits or applications commenced under Madras Act II of 1927 and pending before it after the passing of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Act No. 19 of 1951} and they can therefore be disposed of in a common judgment.

(2.) C. M. A. No. 486 of 1952: This is an appeal against the order of the District Judge of South Malabar returning the plaint for presentation to the proper Court or Tribunal. The appellant filed O. S. No. 3 of 1949 in the District Court of South Malabar for setting aside an order modifying a scheme settled under Section 57 of Act II of 1927 (hereinafter referred to as the old Act) Subsection 7 of Section 57 of the old Act conferred the right of suit on the trustee or any person having interest to institute a suit to set aside or modify a scheme within six months of the date of publication, Pending the suit, Act II of 1927, was repealed and re-enacted as the Madras Hindu Religious and Charitable Endowments Act 19 of 1951 (hereinafter referred to as the new Act). After the new Act came into force the District Judge felt that his jurisdiction to try and dispose of suits or applications commenced under the old Act and pending before him at that time, had ceased and in that view directed the return of the plaint to the party for the purposes mentioned above. Hence this appeal.

(3.) The question that falls for determination is whether this view of the District Judge is correct, in other words, whether the new Act has taken away the right of the parties to continue the proceedings in the District Court. All suits, applications and other proceedings arising under the old Act were to be instituted in the District Court by virtue of the definition of "court" in Section 9 (3) of that Act. Section 9(3) defined "court" as "the court of the District Judge, if the math or temple is situated in a district," The new Act effected a change in this respect. Section 6, Clause (6) of the new Act says: -