KANAKKU AMMAYAPPA SIVAGURUNATHA PILLAI AND ORS. Vs. STATE

JUDGEMENT

(1.) These appeals arise out of O.S. 66 of 1110 on the file of the Court below. A.S. 291 is by the Plaintiffs whose suit was dismissed and A.S. 300 is by Defendant 2, Travancore-Sirkar, now represented by the Travancore Devaswom Board, and is against certain findings recorded by the Court below in its judgment and the order directing the Appellant to bear their costs.

(2.) The suit has relation to the Sastha temple at Erachakulam situated in the Erechi kulam Pakuthy, Survey Nos. 1115 and 1116 of that Pakuthy belong to that Devaswom. Three fallen trees from those survey numbers were auctioned by Defendant 2 and purchased by Defendant 1 whose highest bid was Rs. 25/-. The Plaintiffs allege that they are the trustees in management of the temple which belonged to the, villagers of that locality. The act of Defendant 2 in auctioning the above said trees was questioned as 'ultra vires' and a declaration to that effect sought. A claim for recovery of the said amount of Rs. 25/- from Defendants 1 and 2 was also made.

(3.) Both the Defendants contested the suit. One of the main contentions related to its maintainability under the Travancore Devaswom Proclamation of 1097 which, after providing for the vesting of the properties belonging to and the administration of the affairs of the Devaswoms mentioned in the schedule annexed thereto with the State enacted by Section 9 that: