EDARATH NARAYANAN NAIR Vs. NARAYANAN NAMBOODIRI

JUDGEMENT

(1.) This appeal relates to a question whether the temple scheduled in the plaint is a public or a private temple. The statutory authorities under the Madras Hindu Religious and Charitable Endowments Act, 1951 as ' amended (hereinafter referred to as 'the Act') found that the temple is a public temple. The appellate order of the Commissioner, Ext. A-4 and the order of the Deputy Commissioner in O. A. No. 21/75 dated 9th November 1977 were challenged in the suit and the plaintiffs prayed for cancellation of the orders,

(2.) The Trial Court, after taking evidence in the case, held that the order of the Deputy Commissioner in O. A. No. 21/75 dated 9th November 1977 and the order of the Commissioner in Appeal No. 4/77 dated 18th December 1978 are liable to be cancelled and the Trial Court cancelled it. This judgment is now under appeal.

(3.) In P. R. Sundara Aiyer's Malabar and Aliyasanthana Law, it is stated that many wealthy families own private temples of their own and in the case of Rajahs and Chieftains they are often situated within the precincts of their residence. The learned author has classified four classes of temples: (i) ancient temples founded by Parasurama, (ii) temples founded by Rajas, (iii) temples founded by village communities and (iv) temples founded by individuals. Mr. Wigram gives a slight modification in regard to class (iii) consisting of temples founded by village communities and individuals. His class (iv) consists of temples founded by devotees from alms, received.