N.E.GANAPATHI NAMPOOTHIRI Vs. KARUNADAKAYOGAM

JUDGEMENT

(1.) DEFENDANTS 1, 2 and 4 in O.S.No.158 of 2006 of the Munsiff's Court, Thiruvalla are aggrieved by the decree declaring right of the plaintiffs in the suit property and allowing recovery of possession of the same from the defendants, confirmed by the Sub Court, Thiruvalla in A.S.No.42 of 2010.

(2.) THE 1st plaintiff is a registered yogam. That yogam was formed by five families including that of the plaintiffs and the defendants. Later, as per Ext.A2, decision of the general body, the yogam changed its name and got it registered. The suit property belongs to the yogam. Near to the suit property is the sreevallabha temple. According to the plaintiffs, the five families which constituted the yogam (1st plaintiff) have got karazhma right to be appointed as chief priest of the temple. That is a customary right available to the five families. The chief priest should practice celibacy. The suit property and the building thereon are reserved for the residence of the chief priest. The 1st defendant and family are occupying the suit property and the building thereon denying the right of the plaintiffs. They have no right to continue residence in the suit property. Hence the suit.

(3.) THE trial court answered the issues in favour of the plaintiffs and granted a decree as prayed for. That decision was confirmed by the first appellate court.