THILLAIAMMAN DEVASTHANAM Vs. P THILLAINAYAGAM

JUDGEMENT

(1.) THE Second Appeals have been filed against the common judgment and decree, dated 11.8.1995, made in A.S.Nos.39 and 40 of 1995, on the file of the District Court, South Arcot Vallalar District, Cuddalore, confirming the common judgment and decree, dated 31.8.1994, on the file of the Sub-Court, Chidambram, made in O.S.No.94 of 1989 and O.S.No.30 of 1990.

(2.) SINCE both the second appeals are relating to the same issues and are based on common facts, they are taken up together and a common Judgment is passed.

(3.) ON the contrary, it has been stated by the plaintiffs that the decree in O.S.No.73 of 1943, is not a scheme decree whereunder the plaintiffs' father was granted Sthanikam Mirasi right for the first time. The compromise decree in O.S.No.73 of 1943, had been made only in recognition of the pre-existing hereditary right which the plaintiffs and their father have been enjoying for several generations. The said right is not contrary to any provision of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, rather it is a right protected under the said Act and Article 19(1) (f) of the Constitution of India.