Section 87 in Madras Hindu Religious and Charitable Endowments Act, 1951
87. Putting Trustee or Executive Officer in possession.
- Where a person has been appointed -(a)as trustee or executive officer of a religious institution, or(b)to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act, or(c)[***] [Omitted 'as manager under section 56 or' by Act No. 27 of 1954.] in any scheme framed by the Board before the commencement of this Act,and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the records, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has been dismissed or suspended from his office or is otherwise not entitled to be in possession or by any person claiming or deriving title from such trustee, office-holder or servant, not being a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee office-holder or servant [any Presidency Magistrate or any Magistrate of the first class] [Substituted 'any Magistrate of the first class' by Act No. 27 of 1954.] in whose jurisdiction such institution or property is situated shall, on application by the person so appointed, and on the production of the order of appointment, and where the application is for possession of property, of a certificate by the Commissioner in the prescribed from setting forth that the property in question belongs to the religious institution, direct delivery to the person appointed as aforesaid of the possession of such religious institution, or the records, accounts and properties thereof as the case may be:Provided however that before issuing any such certificate in respect of any property, the Commissioner shall give notice to the trustee, office-holder or servant of the religious institution, as the case may be, of his intention to issue the certificate and consider the objections, if any, of such trustee, office holder or servant:Provided also that for the purpose of proceedings under this section, the certificate aforesaid shall be conclusive evidence that the properties to which it relates belong to the religious institution:Provided further that nothing contained in this section shall bar the institution of a suit by any person aggrieved by an order under this section for establishing his title to the said property.Explanation. - A person claiming under an alienation contrary to the provisions of section 29 or 35 shall not be regarded as a person claiming in good faith within the meaning of this section.
