Madras High Court
Sankaramurti Mudaliar vs Chidambara Nadan on 15 February, 1893
Equivalent citations: (1894)ILR 17MAD143
JUDGMENT
1. The lower Courts are in error in supposing that the present suit is of the nature of the suits which the committee are authorized to bring by Section 12 of Act XX of 1863. That section relates only to the rents of property transferred by the Board of Revenue or local agents of Government to the committee, and it is not alleged that the property in question in this suit was so transferred, and moreover this is not a suit for rent. The right to bring suits for the recovery of the property of a religious or charitable institution is vested as an ordinary incident of his office in the trustee or manager of such institution unless he is precluded by any special law from exercising it. There is nothing in the Act to take away such right from trustees appointed by the committee, and therefore plaintiff is entitled to maintain this suit. We reverse the decrees of the Courts below and remand the suit to the Court of First Instance for disposal on the merits. Costs hitherto incurred including costs of this appeal will be costs in the cause.