RAVINDRAN Vs. THRIVIKRAMAN NAMBOOTHIRI

JUDGEMENT

(1.) Is the plaint scheduled temple a private temple belonging to the plaintiffs or is it a public temple, is the short question involved in this appeal. The relief claimed is, for a declaration regarding the status of the temple and a consequential injunction not to interfere with its administration. The suit was dismissed by the trial court. The decree was reversed in appeal, and the suit decreed as prayed for. Hence this appeal by the defendants.

(2.) The first plaintiff is the deity and the second plaintiff is the senior most member of the family-the Animangalath Illom. The 2nd plaintiff claims title over the plaint schedule temple and its properties under Ext.A1 Partition Deed of the year 1968 executed in the family. In the said partition, the temple and its properties were set apart to the 2nd plaintiff's branch. According to the second plaintiff, there is a "kottil" attached to the temple wherein the karanavan of one Varikkassery family is being worshipped. The 2nd plaintiff entrusted the management of the temple to one Varikkasseri Mohanan, and he was managing the affairs. Recently he expressed difficulties to continue with the management. The defendants are attempting to assume management of the temple. It is accordingly that the suit is filed. A declaration is sought, that the temple in question is a private temple belonging to the family of the plaintiff and for prohibitory injunction to restrain the defendants from interfering with its management.

(3.) The defendants contended that, the temple in question was lying in a dilapidated condition and in the year 1978, the local people formed a committee and took over the management of the temple. Poojas, festivals etc. were and are being conducted by the committee by receiving contributions from the public. The temple in question is a public temple, it is contended.