SRI ISWARANANDA BHARATHI SWAMI OF EDNIR MUTT Vs. BOARD OF COMMISSIONERS FOR HINDU RELIGIOUS ENDOWMENTS BY ITS SECRETARY

JUDGEMENT

(1.) The plaintiff sued for a declaration that the building in which he resides and in which the worship of the deity, Sri Gopalakrishna Devaru, is performed, though it is popularly called the Ednir Math, is not an institution to which Madras Religious Endowments Act II of 1927 applies.

(2.) The plaint was filed on 17 April, 1928. The defendant, the Religious Endowments Board, had by its order, dated 27 April, 1927, after giving notice to the plaintiff and holding an inquiry, decided that the institution was a math within the Hindu Religious Endowments Act. This order of the Board, as appears from para. 6 of the plaint, is the cause of action on which the plaintiff founds his suit. The learned District Judge has held that the suit is barred by Section 84(2) of the Act and has dismissed it, and we think that he was right.

(3.) A math as defined by the Act, Section 9(7), means: An institution for the promotion of the Hindu religion presided over by a person whose duty is to engage himself in spiritual service or who exercises or claims to exercise spiritual headship over a body, of disciples, and succession to whose office devolves in accordance with the directions of the founder of the institution or is regulated by usage; and includes places of religious worship other than a temple or places of religious instruction which are appurtenant to such institution.