BALAKRISHNA UDAYAR Vs. VASUDEVA AIYAR

JUDGEMENT

(1.) THIS is an appeal from a judgment and order of the High Court of Madras dated September 23, 1913, setting aside an order of the District Judge of Tanjore dated July 19, 1913, by which, the appellant was appointed a life member of the Devasthanam (Temple) Committee of Negapatam. This order of the District Judge purports to have been made, in the events which had happened, in exercise of the powers conferred upon him by Section 10 of the Religious Endowments Act (XX. of 1863).

(2.) THAT section runs as follows :

(3.) A vacancy occurred in the above-mentioned committee by the death on May 3, 1912, of the Honourable Dewan Bahadur R. Raghunatha Rao, C.S.I. The committee did not hold any election of a member to fill this vacancy. On the contrary, they on June 20, 1912, directed (heir managing member to request the then District Judge of Tanjoro, Mr. A.F.G. Moscardi, to nominate, in exercise of the powers conferred upon him by the, above-mentioned section, a person to serve upon the committee. That request was duly made by the managing member by letter addressed to the District Judge on July 16 following.