1974 INSC 0263
            The Commissioner For Hindu Religious and Charitable Endowments and Others

                                                           Vs

                                                K. Eranna and Others

                                    Civil Appeals Nos. 528 and 529 of 1971

                                        (CJI A. N. Ray, K. K. Mathew JJ)

                                                      30.08.1974

                                                     JUDGMENT

RAY, C.J. -

1. These two appeals are by special leave from the judgment dated February 20. 1970 of the
High Court at Bangalore.

2. The appellants challenged the resolution of the Area Committee. Bellary dated May 30, 1969
appointing Respondents Nos. 5 to 9 as trustees of three temples situate at Malapanagudi village in
Hospet Taluk, Bellary District.

3. The resolution was passed in exercise of powers under Sections 39 and 41 of the Madras Hindu
Religious and Charitable Endowments Act, 1951 hereinafter referred to as the Act. These two
sections were struck down by the High Court at Bangalore in the decision in K. Mukundaraya
Shenoy Vs. State of Mysore (AIR 1960 Mys 0018). The High Court, therefore, held that the
resolutions passed by the area committee under those two sections were invalid.

4. Counsel for the appellants wanted to raise a contention that sections 39 and 41 of the Act
remained in force in the district of Bellary. This contention was not raised in the High Court. We,
therefore, did not allow that submission.

5. The appeals are dismissed.

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