A S KRISHNAN Vs. N S VENKATARAMA PILLAI

JUDGEMENT

(1.) THE unsuccessful plaintiff in the trial Court is the appellant in this first appeal. The plaintiff filed a statutory suit under Section 70 (2) of Hindu Religious and Charitable Endowment Act (hereinafter referred as the Act) challenging the order of the second defendant, the Commissioner of H. R. and C. E. dated 5. 5. 88 passed in A. P. No. 27/87 and also for a permanent injunction from interfering with the management of the suit temple and its properties.

(2.) IT is seen that as per the provisions of the the Act, the second defendant has contested that the plaintiff was not the hereditary trustee in respect of the suit temple situated in the midst of the Thenpennar River in T. Ammapet, Harur Taluk, Dharmapuri District.

(3.) THE Deputy Commissioner of H. R. and C. E. Department has originally passed an order on 13. 12. 86 declaring the first defendant in the suit as the hereditary trustee. Thereafter, the plaintiff filed an appeal before the second defendant in A. P. No. 27/87 and the second defendant, the Commissioner, by his order dated 5. 5. 88 has confirmed the earlier order of the Deputy Commissioner of H. R. and C. E thereby holding that the first defendant is the hereditary trustee of the said temple. It is as against the said order, the plaintiff has filed the above statutory suit challenging the order of the second defendant dated 5. 5. 88 as per Section 70 of the Act.