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1937 DIGILAW 3 (MAD)

N. Muthusivami Pillai v. N. S. Manickavasagam Pillai

1937-01-04

VENKATARAMANA RAO

body1937
ORDER Venkataramana Rao, J. 1. This civil revision petition raises a question of court-fee. The suit was originally instituted under Section 92, Civil P.C., with the sanction of the Advocate-General for the removal of the defendants from the possession of the suit property, for the appointment of a trustee to manage it, for vesting the said property in the said trustee, for framing a scheme for its management and for other incidental reliefs. A fixed fee of Rs. 50 was paid under Article 17(iii), Schedule 2, Madras Court-fees Amending Act. The main allegations in the plaint were that the plaintiffs are members of a caste known as Siruvaikudi Vellalars, that the suit property was acquired and constructed out of caste funds subscribed from time to time by members of the caste for the general purposes of the caste, that the object of the acquisition was to use the property as a rest house for such of the members of the community as might visit Thiruvannamalai for rendering worship, whether at festival times or during ordinary periods, that the said property was also used for the purpose of affording accommodation to and convenience of the members of the community when assembling for caste meetings which were being held periodically, that the property was thus a specific endowment of a religious and charitable character in which the entire community is interested, that the defendants were in exclusive possession of the said property and were denying the rights of the members of the community to use it in the manner they were entitled to do.