DEVI Vs. DAKSHAYANI

JUDGEMENT

(1.) This appeal is by the plaintiffs. Cross objections are by respondents 1 to 6 and 8 in the appeal. They are among the defendants.

(2.) Suit properties were acquired by two ladies. They married brothers, one of whom is stated to have married another lady after he turned a widower. The suit properties, even going by the pleadings, came to be a seat of worship with a Madappura and different other adjunct and ancillary points of worship. The substance of the litigation is the plaintiffs' claim to participate in the management of the Madappura on the basis of their one half share over the properties. The suit was initially laid as one for partition. It was amended pleading that if partition by metes and bounds is not possible, the plaintiffs may be granted the right to participate in the right of administration and management of the temple and its properties and to have right to conduct the festivals, poojas and offerings and also to adorn the position of a Madayan which is the office of the priest who conducts the offerings and poojas in a Madappura.

(3.) The court below, on the basis of the rival contentions as to title and also after noticing the relevant precedent law, concluded that the suit for partition or for the alternative relief of declaration to participate in the management and the right to office of the Poojari or Madayan and the right to different reliefs claimed in connection with the affairs of the temple cannot be granted in such a suit of the nature before it; either for declaration or for partition. The court below went on to observe that this may be a case where the plaintiffs have to file a scheme suit.