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september 1969

Supreme Court of India · 1969-09-15

SAMBUDAMURTHI MUDALIAR vs STATE OF MADRAS AND ANR.

Citation / case number
SC 1966/60280
Court
Supreme Court of India
Petitioner
SAMBUDAMURTHI MUDALIAR
Respondent
STATE OF MADRAS AND ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 6(9) of the Madras Hindu Religious and Charitable Endowments Act, 1951, the phrase 'succession to whose office is regulated by usage' applies only when ordinary rules of succession are modified by usage. The Court ruled that since the appellant was elected as a trustee for a fixed period of one year, there is no succession to the office, as a vacancy arises after the term, and a person cannot be a successor to oneself. The appeal was dismissed, affirming the Madras High Court's decision that the trusteeship was not hereditary.

SAMBUDAMURTHI MUDALIAR vs STATE OF MADRAS AND ANR. · Niyam