IDOL OF SRI BHOOLOGANATHASWAMY Vs. N KANAGASABAPATHY PILLAI

JUDGEMENT

(1.) Challenge in this Civil Revision Petition is to the order dated 04.02.2008 in I.A. No. 1180 of 2003 in Trust O.P. No. 3 of 1998 on the file of the learned Principal District Judge, Trichirappalli, whereby and where under, the learned Principal District Judge was pleased to reject the review petition filed by the Petitioners to review the order dated 18.06.2001 in Trust O.P. No. 3 of 1998.

(2.) The Respondents have instituted a proceeding before the learned District Judge, Trichirappalli in Trust O.P. No. 3 of 1998 praying for an order to remove the charge for the performance of petition schedule charities viz., Upayam and Dharmam from the income of the 'A' schedule property and impose the charge on 'B' schedule property.

(3.) The Respondents in their Original Proceeding contended that the property described in schedule 'A' was purchased by one Veeramalai Pillai as per document dated 03.05.1901. Subsequently, there was a partition in the family of Veeramalai Pillai as per document dated 21.01.1921. In the said partition, a charge has been created over the income from the 'A' schedule property for the performance of Arthajama Kattalai Upayam in Arulmighu Boologanathaswami Temple at Tiruchirappalli and also for the performance of Thannirpandal Dharmam at the time of Chitra Festival in Srirangam Temple. There was a recital in the partition deed earmarking a sum of Rs. 105/- for the Upayam and Dharmam and another sum of Rs. 100/- was set apart by way of remuneration. The remaining income from the property was to be shared among the parties to the partition deed after meeting the expenses for maintenance.