Case Note & Summary
The dispute arose from a judgment of the Madras High Court which declared the respondent Sabha as the hereditary trustee of the Sri Lakshmi Hayavadhana Perumal Temple. The appellants, the Commissioner and Deputy Commissioner of Hindu Religious and Charitable Endowment, challenged this decision. The Sabha had filed an application under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, claiming hereditary trusteeship, which was initially dismissed by the Deputy Commissioner. The trial court also dismissed the suit, stating that while the Sabha contributed to the temple's construction, it was a public temple meant for all Hindus, not just the Sabha members. The High Court's Division Bench later ruled in favor of the Sabha, asserting that the Sabha, as the founder, had the right to administer the temple. The Supreme Court, however, found that the temple was constructed with public contributions and government grants, thus it was a public temple. The court emphasized that the definition of 'hereditary trustee' under Section 6(11) of the Act was not met, as there was no hereditary right or specific provision by the founder for succession. The court ultimately dismissed the appeal, ruling that the Sabha could not be recognized as the hereditary trustee of the temple.
Headnote
A) Hindu Religious Law - Hereditary Trusteeship - Definition and Requirements - Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, Section 6(11) - The court held that the definition of 'hereditary trustee' requires succession by hereditary right, regulated by usage, or specifically provided by the founder, none of which were satisfied in this case. The temple was deemed a public temple, thus disqualifying the Sabha from claiming hereditary trusteeship (Paras 1-14).
Issue of Consideration
Whether the respondent Sabha is entitled to be declared as the hereditary trustee of the temple under the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959.
Final Decision
The Supreme Court dismissed the appeal, ruling that the respondent Sabha could not be declared as the hereditary trustee of the temple. The court found that the temple was a public institution, constructed with contributions from the public and government grants, thus disqualifying the Sabha from claiming hereditary trusteeship under the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959.
Law Points
- hereditary trustee
- public temple
- Tamil Nadu Hindu Religious and Charitable Endowment Act
- 1959
- Section 6
- statutory authorities
- management of temple
- contributions from public
