Dhananjaya Y Chandrachud, J. - (1.) This appeal arises from a judgment dated 27 October 2006 of a learned Single Judge of the High Court of Judicature at Madras. The original plaintiff is in appeal, aggrieved by the judgment of the High Court reversing the judgment and decree of the First Assistant Judge of the City Civil Court at Madras.
(2.) The appellant instituted OS no 5916 of 1990 before the City Civil Court at Madras seeking two reliefs: (i) The setting aside of an order passed by the Commissioner, Hindu Religious and Charitable Endowments ("HR and CE") Administration Department on 21 March 1990; and (ii) A declaration that the Bagyammal Trust is not a "specific endowment" falling under the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 ("Act of 1959") .
(3.) The case of the appellant is that the trust in respect of Sri Swamiya Dhamodara Perumal Temple is not a public trust. The Deputy Commissioner, HR and CE Administration Department issued a notice stating that the Bagyammal Trust is a public trust. The appellant claimed that the plaint schedule property had been settled in favour of Bagyammal[The High Court uses the word "Pakkiyammal". However, the Deed of Settlement dated 4 June 1926 marked as Exhibit-A1 uses the expression "Bagyammal". For the sake of convenience, this Court in the present judgment is using the term "Bagyammal". ] by her predecessors under a Deed of Settlement in pursuance of which she was in possession and enjoyment of the property between 1928 and 1959. Bagyammal is alleged to have executed a Deed of Settlement in favour of Raju Chettiar. On his death in 1954, it was alleged that his wife Jagathambal succeeded to the property as his sole heir. Jagathambal is alleged to have settled the property in favour of her son-in-law W S Natarajan Chettiar. He is stated to have taken over possession of the property and to have been in control until his death in 1968. The appellant, as his son, claims to have succeeded to the property.;