STATE OF MADRAS Vs. THUTHUKUDI KOZHUMBU VYAPARIKALIN THUTHUKUDI SRI SUBRAMANIASWAMI MAHIMAI PARIPALANA SANGAM

JUDGEMENT

(1.) This is an appeal against the decree of the Sub-Court Tuticorin, in O.S. No.39 of 1956 setting aside the order of the Commissioner, Hindu Religious and Charitable Endowments declaring that the plaint properties are not dedicated to any specific purpose and issuing an injunction restraining the appellant from interfering with the respondent's management of them.

(2.) The properties in dispute are comprised in three schedules, the first two being house sites with buildings thereon the third being a nandavanam. Certain merchants in Tuticorin who were engaged in the export of onion to Ceylon formed themselves into an association called Thuthukudi Kozhumbu Vyaparikalin Thuthukudi Sri Subramaniaswami Mahimai Paripalana Sangam. At its inception and for a long time thereafter till 1930, the association was an unregistered one. The association collected from its members some Mahimai contributions at a particular rate for consignments of onions made by them to Ceylon. A Mahimai is a donation for charity consisting of a fixed percentage on the sales or profits on commercial transactions done by the donor. The association performed a number of festivals and charities from out of the collections. Ex.B-8, which shows at a glance the particulars of expenses incurred from the years 1943 to 1953 indicates that out of the contributions festivals were performed in various temples, for example, Sankarameswarar Bagampiriyal temple, Sri Subramaniaswami temple, a sub-shrine within the precincts of the former temple the Vishnu temple of the place, certain festivals for Sri Vinayagar, and miscellaneous charities by way of donations for education and for the maintenance of a Thevara Patasalai.

(3.) On 22-11-1906 the properties covered under Sch.I to the plaint were purchased by the Sangam under Ex.B-1. The document states that the properties set out in the schedule hereunder consisting of a site, house etc. are sold to you for the purpose of Sri Subramaniaswami. The part of the document which contains the conveyance further stated that hereafter the trustees of the mahimai for the benefit of Sri Subramaniaswami shall enjoy absolutely the properties hereinafter mentioned. On 12-10-1926 the Sangam purchased the IInd schedule properties under Ex.B-2 from the Official Receiver of Tirunelveli. That document does not refer to the Sri Subramaniaswami temple as such; the vendee was described as the member of Tuticorin Onion Godown Subramaniaswami Mahimai. In the operative portion of the document it is stated that the vendees shall enjoy the properties conveyed absolutely for the purpose of the mahimai. The third schedule property which is a nandavanam was acquired by the Sangam sometime in 1927 under a darkhast grant made by the Government. The actual grant has not been filed. There is no evidence before the court either primary or secondary as to the conditions in which that grant was made. In the order of the Commissioner, Ex.A-1 it is merely stated that the re-settlement register showed that the land in S. No.652/A-2 measuring about 60 cents was originally in patta Rs.200 - Perumal, and it was not known when and how the Sangam came into possession of the land, and acquired title to it and that it had been registered in accounts as Government dry patta lands.