9911796707
TMI Blog2000 (4) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of the Madras Hindu Religious and Charitable Endowments Act, 1951 that the order G.O. Ms. No. 1501 dated July 12, 1979 is void; and for certain other consequential reliefs. For purposes of convenience we will refer to the parties as arrayed in the suit. 2. The Trial Court framed several issues as to whether (1) the notification dated July 28, 1960 is valid and binding on the plaintiffs; (2) the suit property is subject to any charitable trust of endowment; (3) the aggrieved parties are estopped from questioning the ownership; (4) any of the parties have perfected their title by adverse possession; (5) the court has jurisdiction to try the suit after Act 17 of 1966 came into force; (6) the order of the third defendant dated May 26, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not be challenged except in the manner provided under the Act and that course having not been adopted the High Court allowed the Letters Patent Appeals and set aside the judgment and decree passed by the trial court as affirmed by the learned Single Judge of the High Court. Hence this appeal. 4. Three contentions are put forth before us as was done before the High Court in the Letters Patent Appeals. Firstly, that the order under Section 77 of the Act does not affect a decision rendered in civil suit No. 11/67 inasmuch as question of title had been raised in the suit. Secondly, that both the order under Section 77 of the Act and the suit had been decided by a competent authority or court and, therefore, the proceeding under Section 77 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity with the fundamental principles of judicial procedure. 6. The suit is prior to initiation of proceedings under Section 77 of the Act and, therefore, the said suit cannot be a suit as contemplated under Section 78 of the Act. The order under Section 77 of the Act is conclusive which determined the issue that the suit property is not subject to public charity or endowment upholding the case of the defendants Nos. 4 to 12 that the property is private property and is not an endowment. Such a question could have been decided in a proceeding under Section 77(1)(d) of the Act as to whether any property is an endowment and, if so, whether it is charitable endowment or a religious endowment. A person aggrieved could file a suit under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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