HINDU RELIGIOUS ENDOWMENTS BOARD Vs. ANGARA SINGARACHARYULU

JUDGEMENT

(1.) The Bast Godavari Temple Committee, which was constituted under the Madras Hindu Religious Endowments Act, 1926, ceased to function in the year 1932, since when, the duties of the Committee have been performed by the Hindu Religious Endowments Board. The question to be decided in these appeals is whether in the circumstances the Board is entitled to levy contributions under Sub-section (2) of Section 69 as well as under Sub-section (1) of that section. The appeals arise out of separate suits filed by the respective trustees of five non-excepted temples in the East Godavari district. The plaintiffs denied that the properties out of which the Board sought to enforce payment of the contribution under Sub-section (2) of Section 69 belonged to the temples. They claimed that they belonged to them as the archakas. They also denied that the Board was entitled to levy contributions under Sub-section (2) of Section 69, even if the properties belonged to the temples.

(2.) The suits were filed in the Courts of the District Munsiff of Amalapuram and Razole. The District Munsiff found for the Board on all the issues raised. Appeals followed to the Subordinate Judge of Amalapuram. The Subordinate Judge agreed with the District Munsiff except on the question whether the Board had the right to levy contributions under Sub- section (2) of Section 69. In his opinion the contributions contemplated by subsection (2) ceased to be enforceable when the Committee ceased to function. The appeals are from this decision.

(3.) By virtue of Section 18 of the Act the Board has general superintendence of all religious endowments in this Presidency. It may do all things which are reasonable and necessary to ensure that maths and temples are properly maintained and that all religious endowments are properly administered and duly appropriated to the purposes for which they were founded or exist. By Section 20 the Provincial Government has power to direct the constitution of a Committee for a local area or a class or classes of institutions in a local area and it may abolish a Committee constituted by it. The duties which a Temple Committee has to perform are specified in Secs.35, 39, 43 (2), 51, 53, 55, 56 and 60.