Section 101(1) in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
(1)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, in any scheme framed by the Board before the 30th September 1951, 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 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] [Substituted by Tamil Nadu Act 39 of l996.] in the prescribed form 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] [Substituted by Tamil Nadu Act 39 of l996.] shall give notice to the trustee, office-holder or servant of the religious institution, as the case may be, [of his intention] [Substituted by Tamil Nadu Act 39 of l996.] to issue the certificate, and consider the objections, if any, of such trustee, office-holder or servant:Provided further that for the purpose of proceedings under this sub-section, the certificate aforesaid shall be conclusive evidence that the properties to which it relates belong to the religious institution:Provided also that nothing contained in this sub-section shall bar the institution of a suit by any person aggrieved by an order under this sub-section for establishing his title to the said property.Explanation. - A person claiming under an alienation contrary to the provisions of section 34 or 41 shall not be regarded as a person claiming in good faith within the meaning of this sub-section.
