VYTHILINGA PANDARA SANNADHI Vs. GRANGANADHA MUDALIAR

JUDGEMENT

(1.) These Civil Revision Petitions raise a question of some importance regarding the construction of Section 73 of the Madras Hindu Religious Endowments Act (II of 1927).

(2.) Two suits were filed in the Lower Court, the plaintiffs being the members of the Board of Control of Sri Thyagarajaswami Temple, Tiruvarur. One of them was for the removal of the 1 defendant, described as the hereditary trustee of the kattalai known as Annadana Kattalai; the other related to the Abisheka Kattalai, in regard to which also the 1 defendant is the hereditary trustee. Various allegations of misconduct are made in these suits against the 1 defendant, and the suits were filed both under Section 73 of the Hindu Religious Endowments Act and Section 92 of the Civil P. C.. The consent of the Advocate- General under Section 92 was obtained, as also the consent of the Board under Section 73. A preliminary issue was raised in these suits, which runs thus: Is the suit sustainable in law and has this Court jurisdiction to try it?

(3.) The learned District Judge of East Tanjore having decided that issue in the affirmative, the 1 defendant has filed the present Civil Revision Petitions, questioning the correctness of the order.