Supreme Court of India
Payappar Sree Dharmasastha Temple A. Com. v. A.K. Josseph & Ors.
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What the Court ordered
In view of the aforesaid settled legal position and also in view of the fact that permission to file special leave petition was granted by this Court, if we find that the order of the High F Court cannot be maintained and is required to be set aside, we would not hesitate to do so because of the locus of the appellant to file the present appeal in this Court.
Judgment, page 16
From the headnote
Travancore Cochin Hindu Religious Institution Act, 1950: s. 27 - Administration of temples - Respondent 1 obtained a decree of declaration of his rights in temple properties in 1958 by filing a suit in which Board was not made party - Suit filed by Board in 1998 claiming to be owner of the temple properties - Dismissed in view of earlier decree obtained by respondent 1 - Held : The decree of 1958 was not binding O and effective against the Board since it was necessary party and was not arrayed as party - High Court had not appreciated the evidence on. record - Matter remitted to High Court
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