C PERIASWAMI GOUNDER SWAMINA THA ANDI SUNDARESA AYYAR Vs. SUNDARESA AYYARSWAMINATHA ANDISUNDARAM AYYARPERIASWAMI GOUNDANC PERIASWAMI GOUNDER

JUDGEMENT

(1.) These five appeals by certificate arise out of Original Suits Nos. 183, 184 and 185 of 1945 filed in the Court of the Subordinate Judge, Coimbatore, Madras State.

(2.) O. S. No. 183 of 1945 relites to properties claimed on behalf of Sri Chowleswaraswami temple. Periaswami Goundar and Samana Goundar, the plaintiffs in the said suit, are the trustee of the said temple. They filed the suit for the recovery of the plaint-scheduled properties from the defendants who are the archakas and the alienees from them on the ground that the said properties were the properties of the deity and that the defendants had no right therein. They also claimed mesne profits for a period of 3 years prior to the suit. The defendants filed a written statement admitting the claim of the deity to the melvaram interest in the properties but claimed that the archakas owned the kudivaram therein and that some of the said properties were validly transferred to the alienees.

(3.) O. S. No. 184 of 1945 was filed in the said Court by the trustees of Sri Pongali Amman temple situated in the village of Vengambur for the recovery of the properties mentioned in the schedule attached to the plaint. The defendants, who are the archakas and aliences from them, inter alia, pleaded that only melvaram in the said properties was granted to the deity and that the archakas owned the kudivaram therein and they had validly alienated their interest in the said properties in favour of the aliencees.