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R. Mayaperuaml And Anr. vs Azhagappan Nadar (Died) And Ors. on 1 September, 1983

15. But, on the contrary, the lower Court, having extract the three ingredients, which are necessarily to be proved for a 'temple' to be branded as a 'public temple' as per the case reported in R. Mayaperunial and another v, Azhappan Nadar and others, 1984 (II) MLJ 422 and further seeking evidence from the defendants in proof of the fact that the temple, which is the subject matter, is a public temple, has gone into dissecting the case as though the defendant/H.R. & C.E. Department has come forward to pray for the relief of declaration to the effect that the temple is a public temple. It is just contrary in the case in hand. It is the plaintiff before the lower Court, who filed the suit on ground that there had been the existence of the fact or the non-existence of the same regarding the nature of the subject matter, which is a temple seeking to declare the same as the private temple of their family and it does not have any other characteristics and features so as to be brought under Section 6(20} of the Act as a public temple.
Madras High Court Cites 5 - Cited by 1 - Full Document
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