V.A. KANDASAMY MUDALIAR (DIED) Vs. THE COMMISSIONER

JUDGEMENT

(1.) This appeal has been filed by the plaintiffs in O.S.No.151 of 1991, aggrieved by the Judgment and decree of the learned Subordinate Judge, Srivilliputhur, dated 05.12.1995, dismissing the said suit in O.S.No.151 of 1991.

(2.) O.S.No.151 of 1991 had been filed under section 70(1) of the Hindu Religious and Charitable Endowments Act, 1959, seeking to cancel the order of the Commissioner, HR and CE, Chennai, who was first defendant and the Deputy Commissioner, HR and CE, Chennai, who was the second defendant in A.P.No.59 of 1990 and O.A.No.51 of 1988 respectively, and to held that the temple is only sectional in character and for further relief restraining the first and second defendants from interfering with the management of the suit temple and frame a scheme safeguarding the rights of the three communities on the basis of the memo of consent dated 12.03.1991.

(3.) The suit had been filed by five plaintiffs for themselves and as representatives of Thevars, Senaithalaivars and Yadavas (of Tamil and Telugu Origin) in Seithur, Mettupatty Village. It must been mentioned that pending appeal, the first and third appellants, who were the first and third plaintiffs died and the appeal has been continued by the second, fourth and fifth appellants. It must also be mentioned that in the suit the 3rd, 4th and 5th defendants were independent persons.