S RATHINAM ALIAS KUPPAMUTHU Vs. L S MARIAPPAN

JUDGEMENT

(1.) WHETHER right to manage a temple and/or shebaitship can be a subject- matter of testamentary succession is the question involved in this appeal, which arises out of a judgment and decree dated 9/8/2000 passed by a Division Bench of the High Court of Madras in L.P.A. No. 62 of 1991, affirming a judgment and decree dated 28/1/1991 passed by a learned Single Judge of the said Court in A.S. No. 661 of 1979.

(2.) A private family temple known as 'Pechiamman Temple' was founded by one Palanichamy Chettiar. The genealogical table of the said Palanichamy Chettiar is as under : <IMG>JUDGEMENT_702_TLPRE0_2007Image1.jpg</IMG>

(3.) IN respect of the properties in question, it was averred :