PUBBIRI Vs. S GOVINDA MUDALIAR

JUDGEMENT

(1.) CRL. M. P. No. 740 of 1957 is an application for withdrawal of M. P. No. 46 of 1957 from the file of the Sub-Divisional Magistrate of Dharmapuri and disposal of the case in the High Court or re-transfer the same to the Sub-Divisional Magistrate, Dharmapuri, after deciding the question of law and Crl. M. P. No. 741 of 1957 is for stay of further proceedings.

(2.) THE facts are: The Board of Trustees of Sri Penimal Temple, Maruderi village, Salem Dt. have obtained a certificate under Section 87 of Madras Hindu Religious and Charitable Endowments Act, XIX of 1951 and applied to the Sub-Divisional Magistrate of Dharmapuri, for execution of the same as laid down in the said section. The persons who were in possession of the lands and from whom delivery was asked for are the Poojari and lessee tion that Polaris. The contention of the lessee is that he is protected from being evicted under Section 3 of Madras Cultivating Tenants Protection Act, XXV of 1955, as extended by Madras Cultivating Tenants Protection (Amendment) Act, XIV of 1956, as a cultivating tenant. It is contended that the provisions of Section 87 of Madras Act XIX of 1957 are invalid because they are in conflict with Section 3 of Act XXV of 1955; secondly the said provisions offend Articles 14 and 19 of the Constitution of India.

(3.) IT is in these circumstances that the above application is filed and stay is asked far.