S. RAMU Vs. G.S. HONNAPPA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of dismissal of suit in O.S. No. 1/1999 by the learned Additional District Judge, Shimoga on 17.07.2007. Being aggrieved by the dismissal of the said suit, the lone plaintiff has filed this appeal. Brief facts leading to this case are found in the succeeding paragraphs. The appellant was the defendant No. 19 in the suit filed in O.S. No. 1/1999. Sri D Hanumanthappa, Mariyappa, G.N. Siddappa and G. Nagappa had filed an application under Section 92 of CPC seeking leave to file a scheme suit under Section 92 of CPC. After the grant of leave, petition came to be registered as suit. The appellant was one among the defendants in the said suit. After the death of four plaintiffs, he got himself transposed as a plaintiff and that is how he was the 5th and the last plaintiff in the said suit. The suit came to be filed in respect of a temple property i.e., Nagappa Temple bearing Assessment No. 54 on the file of the City Municipality, Shimoga situated in Nagappa Street, Gandhi Bazaar, II Cross, Shimoga City bounded on the East by vacant space of Thukkojappa and Bharmojappa, West -Municipal Road, South -Newly formed road, North -Nagappana Keri Road. Suit had been filed against 25 persons inclusive of the 5th plaintiff. The reliefs sought in the plaint were as under:

(2.) THE gist of the plaint averments would disclose plaintiffs 1 to 4 were persons belonging to Kuruba caste of Hindu religion and that all the members of Kuruba caste and other castes in Shimoga City were the devotees of the temple situated in the suit property. According to them, it is an old temple with sufficient devotees from many communities and as such, it is a public religious institution. Public as well as members from Gutti Family have made donations and offerings to the temple and that rent from the buildings put up adjacent to the temple in the suit property is an additional source to the temple. It is further pleaded that poojas have been performed and the income from the temple is being used for religious purposes. A committee with Sri. S.S. Bharmappa, as the President was looking after the affairs of the temple till 1979 and thereafter, a new Committee is formed by defendants 1 to 14 with 1st defendant as the President and 2nd defendant as Secretary.

(3.) DEFENDANTS 2 to 9 filed written statement. They have denied all the material averments found in the plaint. According to them, the question raised in R.A. No. 170/1968 was not decided and that the learned Appellate Judge has not opined as to whether the temple is a private one or a public religious institution. According to them, they have formed a registered Trust on 15.05.1982 and that Committee formed by defendants No. 17 to 25 was a bogus one and that the registration of that committee consisting of defendants 17 to 25 has been cancelled by the Registrar of Societies. It is their case that the members of the Gutti family have put up godowns and have been collecting rents from the tenants. According to them, Sri. Ramu the transposed plaintiff is a close relative of Gutti family and was living with G.N. Honnappa and G.N. Nagarajappa and Sri. Ramu and that he had been entrusted with collection of rents from tenants and he had committed mischief and therefore he had been asked not to collect the rents. It is further averred that thereafter, he started residing separately. It is further pleaded by them that the private Trust formed by them has been managing the suit properties and Temple and hence suit is misconceived. They have prayed for dismissal of the suit.