COMMISSIONER HR AND CE ADMN DEPARTMENT Vs. HINDU TEMPLE KAZHAAM NGO A COLONY JAWAHAR NAGAR TIRUNELVELI

JUDGEMENT

(1.) K. Raviraja Pandian, J. The Review Application is filed under Order 47 Rule 1 and 2 of the Civil Procedure Code to review the judgment rendered by the Division Bench in the appeal in A.S.No. 10 00 of 1989 dated 3.3.2004 . The respondent herein filed the said appeal before the Division Bench against the dismissal of the suit filed by the respondent on the file of the Principal Subordinate Judge, Tirunelveli, who confirmed the findings of the Commissioner of H.R. & C.E.,holding that respondent Kazhagam cannot be considered as a hereditary trustee. Before the Division Bench, the one and only question that had been raised for consideration was whether the respondent/plaintiff Kazhagam could be held to be hereditary trustee under Section 6(11) of the H.R.and C.E. Act. The issue was considered by the Division Bench in favour of the respondent herein and the appeal was allowed. Paragraph 5 of the judgment of Division Bench reads as follows.

(2.) THE Division Bench after extracting relevant portion of the judgment in reported in 1997 (II) Law Weekly, page 151 (Sri Vedantha Sthapana Sabha, Nanganallur Vs. THE Commissioner, H.R. & C.E.,(Admn) ultimately allowed the appeal by answering the question of law to the effect that the fluctuating body Kazhagam could be held as hereditary trustee under Section 6(11) of the H.R.&C.E., Act. Now that the appellant/respondent has filed the review application to review the Division Bench judgment on the following grounds :