- (1.) This appeal is preferred against the judgment and decree dated 13.12.2000 passed by the High Court of Judicature at Madras in Letters Patent Appeal No.183 of 1994, wherein the Division Bench held that the first object of the three charities mentioned in the Will, is of private Trust and the rest are of public Trust and therefore, the respondent no.1 and 2 therein, have power under Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, to frame a scheme, in so far as, the public Trust is concerned.
(2.) Briefly the facts are summarized as follows : One Sundararaja Naidu had no male issues, except two daughters and his brother's son is Kondasamy Naidu and he executed a registered Will dated 7.12.1949 bequeathing properties mentioned in Item nos.1, 2 and 3 absolutely in favour of them and directed Kondasamy Naidu to be in possession of Item no.4 and perform the charities mentioned in the Will from out of the income of the said properties and prohibited the alienation of the said item of land. Later Kondasamy Naidu alienated a portion of land in Item no.4 in the Will and claimed to have purchased some other properties from out of the sale proceeds.
(3.) Five persons claiming to belong to the community of the testator filed application before the Deputy Commissioner for Hindu Religious and Charitable Endowments under Section 64 of H.R. and C.E. Act for setting a scheme in respect of the charities mentioned in the Will of Sundararaja Naidu. The Deputy Commissioner held that the Trust is a private Trust and no scheme could be framed. On appeal his order was set aside by the Commissioner, who held that the Trust is a public Trust and charities required to be performed are religious charities and the beneficiaries are the members of the public and a scheme could be framed and in fact required to be framed. Meanwhile Kondasamy Naidu died and his legal representatives instituted a statutory suit for setting aside the order of the Commissioner referred to supra. The trial court dismissed the suit and judgment was affirmed by a single Judge of the High Court and in the Letters Patent Appeal preferred, the Division Bench modified the order of the Commissioner to the extent that the scheme to be framed shall be confined to the specific endowments attached to the temple, namely, performance of Pooja and Neivedyam to Subramania Swami on the occasion of Panguni Uthiram and by feeding by way of Pundhi Bojanam on the occasion of God Kallalagar passing through Vaigai river on the Chitra Pournami day to Vandiyur. Challenging the same the plaintiffs have preferred the present Civil Appeal.;