MARITAMMAPPA Vs. KALAPPA

JUDGEMENT

(1.) THE appellants were defendants and respondents were plaintiffs in the Trial Court. For the sake of convenience, the parties are referred to in this judgment as per their rank in the Trial Court.

(2.) THE plaintiffs filed the suit for declaration that they have got right to perform poojas and other ceremonies in Grama Devatha Temple of adavi Somapur and for injunction restraining the defendants from obstructing the performance of poojas and ceremonies by the plaintiffs in the temple. It is the case of the plaintiffs that the temple belongs to public trust registered under the Bombay Public Trust Act and the father of the plaintiffs was the Trustee of the same. After his death, the plaintiffs became the Trustees and performing pooja and ceremonies. Since the defendants caused obstruction in performing the poojas etc. , in the temple, the suit is filed.

(3.) SINCE the defendants have not filed written statement, the suit was initially decreed. However, in R. A. No. 43 of 1993 the matter was remanded to give opportunity to the defendants. Thereafter, the defendants filed written statement resisting the suit and denying the plaint averments and contending that the suit was not maintainable. It is categorically stated that there is no deity by name Grama Devatha in the Village.