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Judgment
Lakshmana Rao, J.—The appellant applied to the Madras Hindu Religious Endowments Board under Sub-section (1) of Section 77 of the
Madras Hindu Religious Endowments Act, 1926, for making an allocation of the income of the endowment in question and an order was passed
by the Board that no allocation need be made. Subsection (2) of that section enacts that any party affected by an order under Sub-section (1) may
within such time as may be prescribed apply to the Court to modify or set aside such order but, subject to the result of such application, the order
of the Board shall be final. Under Sub-section (3) of Section 9, the Court to which the application should be made is the District Court of
Tinnevelly and it follows that the City Civil Judge had no jurisdiction to entertain the plaint. That being so the plaint should be returned for
presentation to the proper Court and the suit should not have been dismissed. The dismissal of the suit is therefore set aside and the plaint will be
returned to the appellant for presentation to the proper Court. There will be no order as to costs.