M S V RAJA Vs. SEENI THEVAR

JUDGEMENT

(1.) This appeal by the defendants in suit O.S.No.93 of 1976 is directed against and aggrieved by judgment and decree dated 29-4-1992 passed by the High Court of Madras in S.A. No. 1858/84.

(2.) In brief, the facts and circumstances leading to filing of this appeal are the following : According to the appellants, Arulighu Mariamman temple at Rajapalayam has been administered and managed from time immemorial by the religious denomination of community of Rajus of Singarajakottai (for short 'Rajus'). Originally members of the said religious denomination were worshiping in the temple and as time passed on, persons belonging to other communities also started worshiping in the temple. The administration of the temple has always been by the trustees elected among Rajus and at no time, the Hindu Religious and Charitable Endowment Department (H.R. and C.E. Deptt.) interfered with their management. Rajus permitted pandarams to perform puja in the temple as poojaries.

(3.) Seven pandarams joined together, filed an application O.A.No.76/73 before the Deputy Commissioner, HR. and C.E.Deptt. under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (for short 'the Act') seeking declaration that they were hereditary trustees of the temple. The said application was dismissed and appeal No.100/74 filed by the pandarams against the said order was also dismissed by the Commissioner on 21-10-1975. The pandarams filed suit O.S. No. 13/76 in the Court of Subordinate Judge seeking declaration that they were the hereditary trustees-cum-poojaries of the suit temple, by setting aside the aforementioned orders of the authorities under the Act and for permanent injunction restraining Rajus from interfering with their rights. The learned Subordinate Judge, after trial, dismissed the suit holding that pandarams were neither hereditary trustees nor poojaries. The appeal A.S. No. 533/83 filed by pandarams (poojaries) was also dismissed by the High Court on 18-9-1987. The said judgment of the High Court has attained finality.