R. MANOHARAN Vs. DEPUTY COMMISSIONER, HR&CE, MADURAI

JUDGEMENT

(1.) The Plaintiffs in OS.No.46 of 1993, aggrieved by the judgement and decree dated 25.2.2005, passed by the Principal Sub Court, Dindigul, have filed this appeal under Sec. 96 of Civil Procedure Code read with Sec. 70(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as amended.

(2.) The suit in OS.No.46 of 1993 was originally filed by V.Ramasamy Pillai. He died during the litigation and consequently, his legal heirs were brought on record as the Plaintiffs 2 to 6 and they are the Appellants herein.

(3.) V. Ramasamy Pillai had filed the suit under Sec. 70(a) of the Hindu Religious and Charitable Endowment Act, seeking to set aside the order of the 1st Defendant, who was the Commissioner of Hindu Religious and Charitable Endowment Board, Chennai in AP.No.57 of 1988, wherein by order dated 28.4.1992, the said appeal had been dismissed. A further relief, seeking to declare that the suit property was not a religious institution was also sought.