LexR. MURALI AND ORS. versus KANYAKA P. DEVASTHANAM AND CHARITIES AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
R. MURALI AND ORS.
A
v.
KANY AKA P. DEV ASTHANAM AND CHARITIES AND ORS.
JULY 25, 2005
[D.M . .DHARMADHIKARI AND ARUN KUMAR, JJ.]
B
Code of Civil Procedure, 1908-Section 92:
Tamil Nadu Hindu. Religious 'and Charii~hle Endowments Act, 1959-
Section 5(e), 64, 107-Board of trustees of respondent-institution obtained C
a decree of declaration and permanent injunction restraining authorities
from interfering with the management of their properties or modifying the
scheme framed for governing the institution-Agf$rieved with the various acts
of mismanagement, appellants sought leave under section 92 CPC for
instituting suit-Application opposed by Board of trustees on the ground D
that institution is governed by the Tamil Nadu Act which prohibits
applicability of Section 92-Single Judge of High Court granted _the leave-
However, Division Bench revoked the same-Correctness of-Held: Division
Bench has grossly erred in revoking the leave to file the suit granted in
favour of the appellants Uf!,der sectibn 92 CPC--Operative part of the judgment
. containing the decree, having not been appealed against, has attained E
finality and cannot. be described as ao 'incidental observation', 'not a part
of ratio qecidendi ', 'obiter dicta' and 'not al{thoritative' as has been done
by the Division Bench~By their own conduct, Board ~/trustees are e'stopped
from raising a contrary plea in the subsequent suit instituted against them
and oppose grant of leave of the Court under Section 92 CPC-Constitution· F
of India, 1950-Article 26. _
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959-
Sections 5(e), 64-Applicability of Section 5(e)-Held: Not applicable since
the respondent-institution is carrying on multifarious activities of religious
and charitable nature and is not purely a 'Hindu Religious Institution or G
Endowment '-Iris also a 'charitable endowment' as defined in clause (5)
and 'religious charity' under definition clause (16) of section 6.
Approbation and reprobation-Respondents cannot be allowed to
approbate and reprobate in the two suits in which the subject matter and
m
--
H
800
SUPREME COURT REPORTS [2005) SUPP. I S.C.R.
A issue of jurisdiction of civil court involved are the same.
The Members of Board of trustees of respondent - Hindu religious and
charitable Institution had obtained a decree of declaration that their institution
was a denominational temple with guaranteed fundamental freedom under
Article 26 of the Constitution oflndia. A decree of permanent injunction was
B also granted restraining Commissioner and Deputy Commissioner under the
Tamil Nadu Hindu Religious and Charitable Endowments Act; 1959 from
interfering in any manner with the management and administration of the
properties of the institution or modifying the scheme framed for governing
the institution.
C
The appellants, aggrieved with the various acts of mismanagement by
present members of Board of Trustees sought leave under Section 92 CPC
from Single Judge of High Court for instituting suit for seeking relief of
modifying/reframing a scheme for administration of institution. Respondent
nos. 2 to 7, the members of Board of trustees opposed the application on the
ground that institution is governed by the Tamil Nadu Act and under Section
D 5(c), the provisions of Sections 92 & 93 CPC are inapplicable to the institution.
Single Judge granted the leave. On appeal, Division Bench held that part of
the decree, restraining the authorities under the Tamil Nadu Act from
.modifying the scheme of administration or management of the Trust, was
'incidental', 'not part of the ratio decidenrfi; 'obiter dicta' and 'not
E authoritative and thereby revoked the leave granted under Section 92. Hence
the present appeal.
Allowing the appeal, the Court
HELD: 1. The Division Bench has grossly erred in revoking the leave
to file a suit granted in favour of the appellants under section 92 CPC.
F
[806-F)
2. The respondents had themselves obtained a decree of declaration that
the institution belongs to a religious denomination and the authorities under
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 have no
G powers of framing or modifying any scheme of administration of the institution
, thereunder. An executable part of decree granted by the city civil court clearly
~-restrains the authorities under theTamil Nadu Act from modifying or framing
the scheme of administration of ttie institExcerpt shown. Read the full judgment & AI analysis in Lexace.