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1974 DIGILAW 270 (SC)

Commissioner For Hindu Religious And Charitable Endowments v. K. Eranna

1974-08-30

A.N.RAY, K.K.MATHEW

body1974
Judgement RAY, C.J.:- These two appeals are by special leave from the judgment D/- 20-2-1970* of the High Court at Bangalore. * reported in AIR 1970 Mys. 191 2. The appellants challenged the resolution of the Area Committee, Bellary dated 30 May, 1969 appointing respondents Nos. 5 to 9 as trustees of three temples situate at Malapangudi village in Hospet Taluk, Bellary District. 3. The resolution was passed in exercise of powers under sections 39 and 41 of the Madras Hindu Religious and Charitable Endowments Act, 1951 hereinafter referred to as the Act. These two sections were struck down by the High Court at Bangalore in the decision in Mukundaraya Shenoy v. State of Mysore reported in AIR 1960 Mys 18. The High Court therefore held that the resolution passed by the Area Committee under those two sections were invalid. 4. Counsel for the appellants wanted to raise a contention that sections 39 and 41 of the Act remained in force in the District Ballary. This contention was not raised in the High Court. We therefore did not allow that submission. 5. The appeals are dismissed. Appeals dismissed. For Citation: AIR 1974 SC 2076