B.K.C. MURUGA KONAR (DEAD)) BY LRS. & ORS. versus V. SETHA KONE & ORS.

B.K.C. MURUGA KONAR (DEAD)) BY LRS. & ORS. versus V. SETHA KONE & ORS.

Section 108 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, does not bar a suit for rendition of accounts against a trustee, and a preliminary decree for accounts may be passed even without deciding whether the temple is public or private.

Parties
Appellant: B.K.C. Muruga Konar (Dead) by LRS.; Respondents: V. Settia Kone & Ors.
Jurisdiction
India
Judgment Date
01 September 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Madras High Court Judgment Dated 7.2.1972
Outcome
Appeal dismissed
Legal Topics
Rendition of Accounts, Bar of Civil Suits Under Endowments Legislation, Trustee Liability
Hindu Law Trusts and Charitable Endowments Rendition of Accounts Bar of Civil Suits Under Endowments Legislation Trustee Liability

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Parties

B.K.C. Muruga Konar (Dead) by LRS.

Appellant

V. Settia Kone & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Madras High Court Judgment Dated 7.2.1972

Legal Issues

  1. 1 Whether Civil Court has power to direct accounts to be taken for a temple without deciding if it is public or private
  2. 2 Whether the suit for rendition of accounts is barred by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 108

Ratio Decidendi

Section 108 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, does not bar a suit for rendition of accounts against a trustee, and a preliminary decree for accounts may be passed even without deciding whether the temple is public or private.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed at Rs.2,000 to be divided equally between respondents