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In Re: Munirathna Gurukkal

Type Court Judgment Court Chennai Decided Feb 26, 1940
~1 min read
https://sooperkanoon.com/case/778044

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Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Munirathna Gurukkal

Legal References

Reported In
(1940)1MLJ935

Excerpt

- horwill, j.1. there can be no doubt that after 1904, the villagers have been actively managing the suit institution. the presumption is, therefore, that even before that year they had the right of management - or the petitioners would not have acquiesced in the loss of their authority. moreover, the petitioners have on more than one occasion described themselves only as archakas, and have allowed others to be called dharmakarthas.2. the villagers, by allowing the archakas for some years before 1904 to manage the small property of the temple, did not lose their right of management of the institution, or even of its property.3. this petition is dismissed.

Full Judgment

Horwill, J.

1. There can be no doubt that after 1904, the villagers have been actively managing the suit institution. The presumption is, therefore, that even before that year they had the right of Management - or the petitioners would not have acquiesced in the loss of their authority. Moreover, the petitioners have on more than one occasion described themselves only as archakas, and have allowed others to be called dharmakarthas.

2. The villagers, by allowing the archakas for some years before 1904 to manage the small property of the temple, did not lose their right of management of the institution, or even of its property.

3. This petition is dismissed.

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