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Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): Shivaraj V. Patil, B. N. Srikrishna , JJ

(A) Civil P.C. (5 of 1908) , S.100(4), S.100(5)— Second appeal - No indication in judgment as to which was substantial question of law; no formulation of substantial question of law - High Court proceeded as if deciding first appeal - Mandatory requirements of sub-section (4), (5) of S. 100 violated - Impugned judgment liable to be interfered with. (Para 6) (B) Madras Hindu Religious and Charitable Endowments Act (22 of 1959) , S.63(a)— Civil P.C. (5 of 1908) , S.100— Dispute whether property is religious endowment or private - Prperties had been endowed more than 100 years ago - Not possible for authorities to prove it by direct evidence that there was any gift or settlement to religious institution - Property register maintained by Madathipathi was statutory register in which all properties were mentioned as belonging to religious institution - Findings of fact recorded by first appellate Court that suit properties are not private or secular properties - Based on careful consideration of evidence, oral and documentary on record - Interference with, by High Court in Second Appeal - Erroneous, without jurisdiction. S.A. No. 2105 of 1983, D/- 6-2-1998 (Madras), Reversed. (Para 12 13 14 ....