N K R M RAJAGOPALA CHETTIAR Vs. HINDU RELIGIOUS ENDOWMENTS BOARD REPRESENTED BY ITS PRESIDENT, RSURYA RAO

JUDGEMENT

(1.) This case relates to the Sri Rajagopaaswami Temple at Ammayappan in the East Tanjore District. The appellant contends that the temple is an excepted temple. Under Section 84(1) of the Madras Hindu Religious Endowments Act, "If any dispute arises as to whether a math or temple is one to which this Act applies or as to whether a temple is an excepted temple, such dispute shall be decided by the Board".

(2.) The Hindu Religious Endowments Board by its order, dated 31 January, 1931, decided that the temple is not an excepted temple. Under Section 84(2) " a trustee affected by a decision under Sub-section (1) may, within one year, apply to Court to modify or set aside such decision but, subject to the the result of such application, the order of the Board shall be final".

(3.) The appellant applied to the District Court to set aside the decision of the Board, but the District Judge confirmed its order. The appellant has now appealed to the High Court against the decision of the District Court. It is contended by the 1 respondent (The Hindu Religious Endowments Board) that under Section 84(2) no appeal lies to the High Court against the decision of the District Judge. This contention is supported by a decision of a Bench of this Court in Appeal No. 44 of 1931 which held that there is no right of appeal to the High Court against an order by the District Court under Section 84(2) of the Act. It is argued by Mr. Srinivasa Aiyangar for the appellant that this decision requires re-consideration and that an appeal lies to the High Court against such an order. The question we have to decide in this Full Bench is whether " the order passed by the District Judge under Section 84(2) of the Hindu Religious Endowments Act on an application made to the District Court to set aside the decision of the Hindu Religious Endowments Board under Section 84(1) of the Act is appealable to the High Court".