SANKARANARAYANA PILLAI Vs. RAMASWAMI PILLAI

JUDGEMENT

(1.) THE petition is filed against the order passed by the District Magistrate, kanyakumari, directing the petitioner herein to deliver possession of the temple and their records to the respondents.

(2.) THE respondents are trustees appointed by the Area Committee on 15-6-1963, for Adhimoolavinayagar and Chinthamarai Amman temple at Umapangoseri in nagarcoil. The petitioner was removed from the trusteeship and directed to hand over possession of the said temples and accounts to the respondents. The petition having failed to do so, the respondents filed an application under S. 101 sub-clauses 1 (a) and (b) of the Madras Hindu Religious and Charitable Endowments act for delivery of possession. The application was dismissed by the District magistrate on 20-8-1963 on the ground that the order of appointment passed by the Area Committee was not in conformity with the provisions of the Act. After rectification of the defects in the appointment of trustees, they again moved the District Magistrate's Court by an application dated 24-9-1963, for an order under S. 101 of the Act for possession of the temples, their records and accounts. The petitioner filed a civil suit, O. S. 537 of 1963, in the District Munsif Court, nagarcoil, against the respondents for a declaration that the petitioner is entitled to be in possession of the religious institutions and properties as lawful trustee, and for an injunction restraining the respondents form molesting the possession of the petitioner, of the institution and properties. In the suit, the petitioner obtained an interim injunction, on 14-10-1963, against the respondents from in any way interfering with possession of the petitioner. When the order of injunction was pending against the respondents, the order, which is sought to be revised was passed by the District Magistrate on 14-11-1963, directing delivery of possession by the petitioner to the respondents.

(3.) MR. Martin, learned counsel for the petitioner, submitted that the order passed by the District Magistrate under S. 101 of the Act, when an interim injunction was in force against the respondents is unsustainable. He submitted that the proceeding under the section is only summary, subject to he decision of civil court.