RAJEEVALOCHANCHAR Vs. D RAMACHAR

JUDGEMENT

(1.) THE suit was filed under Sec. 92 C.P.C. for framing a scheme for the trust known as Deep Narayandas Trust. THE deed of Trust dated 11-1-1910, provides that the income from the property should be spent for lighting in Sri Adhikesavaperumal, Sri Bhashyakar temple and Manavala Mamuni Sannidhi and for feeding the uttaradhis (persons from North India) during Brahmotsavam and other periods in the year. When the suit was taken up for trial, at the instance of the defendants, issues 1 and 2 relating to the maintainbility of the suit were taken up for consideration as preliminary issues. THE contention of the defendants was that by virtue of the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 (Tamil Nadu Act XXII of 1959), the suit is barred and that if at all the application will have to be made to the Deputy Commissioner for framing the scheme under S.63 of the Act. THE learned Subordinate Judge did not accept this contention on the ground that the main dispute related as to which of the rival claimants is entitled to celebrate the annual festival and such disputes cannot fall within the ambit of S.63 and as such the bar under S.108 will not apply. It is against this order, this revision petition has been filed.

(2.) SECTION 5(e) of the Act excluded the applicability of Ss.92 and 93 C.P. Code to 'Hindu religious institutions and endowments'. It is not the case of the defendants that the suit in question (sic) is a Hindu religious institution. But what is contended is that it is religious endowment within the meaning of Sec. 5 of the Act. 'Religious endowment' is defined in clause 17 of Sec. 6, as meaning -