NARASIMHIAH Vs. Y H VENKATARAMANAPPA

JUDGEMENT

(1.) This Regular First Appeal under S. 96 C.P.C., arises out of a suit filed under S. 92 C.P.C. Being aggrieved by the decree of dismissal of suit made by the District Judge, Bangalore, in O.S. 54/65 the plaintiffs have preferred this appeal.

(2.) The material allegations in the pleadings, briefly stated, are as follows. There is a shrine with some land surrounding it dedicated to the deity Vonii Anjaneya Swami in Bangalore, belonging to the Devanga (weavers) Community of the said city, having been constructed by the members of the said community. All the parties to the suit belong to the said community. The deity was and is being worshipped by the members of the said section of the public. In these circumstances, the property of the temple constituted a public religious and charitable trust constituted by the Devanga communiy and no individual of that community had any private rights over it. The surrounding open space have been granted by the Corporation of the City of Bangalore on long term leases for the purpose of the said temple on nominal rents, and they also therefore formed part of the trust in question. The said grants were secured by the 1st defendani (1st respondent) styling himself as the president of the said temple in or about the year 1961. The said open spaces have been built upon and the said structures are being used as a 'Kalyana Mantapa' and shops ever since producing an income of over Rs. 25.000 per annum,

(3.) The aforesaid trust has been in existence for over 100 years, its origin being unknown, and was being enjoyed by all the members of the Devanga community during all those years.