AIR 1993 MADRAS 144 ::1922 (68) Ind Cas 826 ::1922 (16) Mad LW 836 ::(1992) 1 Mad LW 510 ::(1993) 1 Mad LJ 183

Madras High Court

Hon'ble Judge(s): Abdul Hadi , J

(A) Tamil Nadu Hindu Religious and Charitable Endowments Act (22 of 1959) , S.70— Suit temple - Trusteeship - Prescriptive title by adverse possession - No trustee was shown nominated by villagers at any time in past against whom adverse possession could be claimed by plaintiff - Question of adverse possession does not arise. Limitation Act (36 of 1963) , Art.65— Adverse possession - Trusteeship of temple.Religious and Charitable endowments - Temple trusteeship. Unless there is a rightful claimant to the office, no person can set up title by adverse possession and the question of adverse possession would not arise at all in such a case. In the present case though the villagers had the right to elect the trustees for the temple, it is not shown by the plaintiffs that there was any trustee or trustee elected or nominated at any point of time by the villagers against whom adverse possession could be claimed by the plaintiffs. Question of prescriptive title by adverse possession does not arise. (B) Tamil Nadu Hindu Religious and Charitable Endowments Act (22 of 1959) , S.6(11)— Suit temple - "Hereditary trustee" - Definition of - No evidence as to who actually founded suit temple and whether any specific provision made by founder relating to trusteeship - No particular method of Successi....