NALLAMOTHU CHIMPIREYYA Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
STATE OF TAMIL NADU
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Ramaswami, J. -
(1.) This is a criminal revision case which is sought to be filed against the order made by the learned Joint Magistrate of Ongole under Section 87, Madras Hindu Religious and Charitable Endowments Act, 19 of 1951.
(2.) The short facts are: Koneri Veeray.ya was appointed as Trustee of the Chennakeswaraswami temple in Kothakote village in Ongole taluk by the Assistant Commissioner for Hindu Religious Endowments, Guntur district, on 96- 1948. The respondents before the Joint Magistrate, Ongole, who are petitioners before me are the ex-trustees of the temple. In this case, a certificate has been issued as contemplated under Section 87 of the new Act in the prescribed form setting forth certain properties belonging to the religious institution and directing delivery of possession to the person appointed as aforesaid of such properties etc. The ex-trustees have been obstructing and preventing the trustee lawfully appointed by the Assistant Commissioner from taking possession of the properties mentioned in the certificate, Therefore, the petition had been filed under Section 87 of the new Act for necessary action. The learned Joint Magistrate of Ongole directed the respondents before him, viz., the petitioners before me to deliver possession of the properties to the respondent-trustee before me. Thereupon this revision case has been filed.
(3.) I may point out here that the petitioners' case is that a suit has been filed in the Sub-Court, Ongole, under Section 62 of the present Act and that he has obtained an order on 11-3-1952 restraining the respondents from taking possession of the lands pending disposal of that suit. This contention was overruled by the learned Joint Magistrate and this is reiterated here as the only point of substance before me for admitting this revision case.;
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