ARULMIGHU MAKALIAMMAN SANGAM Vs. M MUTHIAH

JUDGEMENT

(1.) The third defendant in the suit is the appellant. The appeal has been filed against the judgment and decree of the learned VII Assistant Jude, City Civil Court, Madras, dated 5.10.1994.

(2.) The plaintiffs/respondents 1 and2 herein have filed a Statutory suit under Section 70( 1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) against the H.R.& C.E. praying to set aside the order dated 22.12.1990 of the Commissioner, HR & CE Department, the first defendant in the suit and to declare that the third defendant is not holding office as heriditary trustee in Makaliamman temple within the meaning of Section 6(11)and 63(b) of the Act.

(3.) For the sake of convenience, the parties shall be referred to as Plaintiffs and defendants, as arrayed before the Court below.