The Deputy Commissioner, Hindu Religious and Charitable Endowments, Thanjavur sup./65 13 by his order dated February 25, 1953 held that the endowment known as Gade Rao Sahib Endowment attached to Sri Pushpava neeswarar temple was a specific endowment as defined in the Madras Hindu Religious and Charitable Endowments Act, 1951 XIX of 1951 hereinafter referred to as the Act .
The appellant then filed a suit under s. 62 1 ii of the Act for cancellation of the order of the Commissioner.
Seventeen items of charities were mentioned in detail in Sch.
B to Ex.
I dated January 10, 1914.
Appeal from the judgment and decree dated March 26, 1958 of the Madras High Court in Appeal Suit No.
The Commissioner, by his order dated November 10, 1953 in Appeal number 46 of 1953 while companyfirming the order of the Deputy Commissioner that the endowment in question was a specific endowment, held that out of the charities mentioned in Sch.
The Commissioner is represented by the State of Madras.
4,311/ every year from out of the net income of the properties mentioned in the document.
The companytention of the appellant was accepted by the Subordinate Judge who granted a decree in his favour.
4,311 0 0 which has been set apart for the expenses of the aforesaid dharmams we have created a charge on the entire properties mentioned in the A Schedule herein.
S. K. Sastri and M. S. Narasimhan, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ramaswami, J I agree with the order proposed by my learned brother Sarkar, J. but I prefer to rely on rather different reasons.
The trial Court decreed the suit, but on appeal by the Commissioner to the High Court at Madras it was declared that a specific endowment was created by the instrument of 15.9 per cent of the income for the time being 64 5 received from the properties mentioned in Schedule A.The appellant challenges that decision in the present appeal.
Thereupon, the appellant took the matter in appeal to the Commissioner.
B to Ex.
The Judgment of Sarkar and Raghubar Dayal JJ.
355 of 1955.
Ranganadham Chetty and A. V. Rangam, for the respondent.
Thereupon the appellant filed a suit under S. 62 ii of the Act against the Commissioner for cancellation of this order.
The present appeal is brought on behalf of the plaintiff against judgment and decree of the High Court of Madras ,dated March 26.,
Against the order of the Subordinate Judge the defendant respondent filed First Appeal A.S. 355 of 1955 in the Madras High Court which allowed the appeal and restored the order of the Commissioner except with regard to item 17 which was treated as secular charity and number falling within the purview ,of the Act.
That the properties were charged with the payment of the amount is number disputed.
444 of 1963.
was delivered by Sarkar J. Ramaswami, J. delivered a separate Opinion.
Sarkar, J. On January 10, 1914, the appellants predeces sors in interest executed an instrument which has been described in these proceedings as a deed of settlement.
A. 1 and the amount to be spent was Rs.
It was said that the mere provision for meeting the expenses of the charities out of the income of the properties and the creation of the charge would number amount to the making of any endowment, for thereby the settlers companyld number be said to have divested themselves of anything.
The endowment known as Gade Rao Sahib Endowment attached to Sri Pushpavaneeswarar temple was created by one Sri Gopal Rao Gade Rao Sahib by the execution of a Settlement deed Ex.
A. 1, items 1, 4, 10, 1 1, 12 were secular charities.
1958 in the appeal.
