NARAYANA PILLAI MADHAVAN PILLAI Vs. KALI GOMATHI AMMA

JUDGEMENT

(1.) The plaintiffs are residents of Mannadi in Kadambanad village in Adoor Taluk. They are worshipers of Mannadi Bhagavathy Temple. The temple is a public temple. The plaint schedule properties belong to the temple. The administration of the temple happened to be in the hands of Mangalath tarwad, to which the defendants belong. They have some rights to conduct certain rituals in the temple. They are only trustees. The main festival in the temple is 'Uchabali' and it is conducted by the public. The income from the properties and the temple can be used only for the purposes of the temple. But the defendants misappropriated the income for their own use and they do not maintain any accounts. On these allegations the plaintiffs representing the worshippers prayed for removal of the defendants from the management of the temple and for framing a scheme for its administration and for a direction to the defendants to account for the income from the properties and the temple for three years prior to the institution of the suit.

(2.) The second defendant alone filed a written statement. His contention is that the temple and the properties are in the ownership and possession of Mangalath tarwad and the defendants reside in the house in the premises of the temple. The main ritual is 'Kalamezhuthum Pattum' and it is conducted by the tarwad. Nivedyam is offered by the tarwad and the deity is their family deity. The tarwad has allowed the public to worship in the temple. The offerings made at the temple are given to the tarwad. The contributions received from the public are spent for the purposes of the temple. The defendants are not liable to account for the income. The second respondent prayed for dismissal of the suit.

(3.) The learned Sub Judge after the trial came to the conclusion that the temple is a private temple of the defendants' tarwad and the plaintiffs are not entitled to any of the reliefs prayed for in the suit. The judgment and the decree are challenged in this appeal.