- (1.) This is an appeal by special leave against an order dated 14/9/1978 in STA No. 146 of 1975 passed by the Special Appellate tribunal, Madras, set up under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963. As statutorily required, the tribunal is manned by two Hon'blejudges of the Madras High court. The appellant-temple had put to challenge before the Special Appellate tribunal an order dated 22/2/1971 passed by the Minor Inams tribunal, Coimbatore on the merit of the matter. By means of the appellate order aforereferred to the tribunal dismissed the said appeal of the appellant-temple as time-barred.
(2.) Under Section 30 (1 of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, the limitation for filing an appeal before the Special Appellate tribunal is three months from the date of the order. But, under the proviso to Ss. (1 of Section 30, the Special Appellate tribunal may, in its discretion, allow further time not exceeding three months for the filing of such appeal. It is plain that the maximum time available to file an appeal before the Special Appellate tribunal is six months. The appellant- temple's appeal before the Special Appellate tribunal was admittedly filed beyond a period of six months. The explanation for delay rendered by it became of no avail. It is to challenge that order that the appellant-temple is before us.
(3.) The disputed temple property was trust property and noticeably it was a trustee who was following it to safeguard the interests of the temple against another set. The period of limitation for filing an appeal before the Special Appellate tribunal may have been three months, extendable by another three months, but insofar as the trust properties coming within the sweep of the abovesaid Act were concerned, a way need to have been found out to prevent manipulations and grabbing of temple/trust property. Section 10 of the Limitation Act, 1963 covers certain situations. The said provision reads as follows: "10.Suits against trustees and their representatives.-Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration) , for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time. Explanation.- For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof. ";