Shanmugalingam & Another v. Vaitheswara Kurukkal and Others – sllr 1987 volume 1 page 094

In the case between Shanmugalingam & Another and Vaitheswara Kurukkal & Others, the court addressed the issue of the lawful trusteeship and succession of hereditary priesthood in a Hindu temple, focusing on the validity and effects of deeds executed in 1914 (P2), 1916 (P1), and 1969 (P3). The court held that, despite the deeds predating the Trusts Ordinance No. 9 of 1917, the plaintiffs’ claim to exclusive trusteeship could not be sustained, as the chain of succession did not lapse as alleged, and the statutory provisions barred a dual role as trustee and discharge agent. This decision reaffirmed the principle that customary law and practice must yield to statutory requirements when such statutes come into force, emphasizing the operative effect of the Trusts Ordinance and validating the d

REF: sllr 1987 volume 1 page 094 Category: Tag:
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