SRI NARASIMHASWAMI, Vs. MUTHUKRISHNA IYENGAR

JUDGEMENT

(1.) THIS is an appeal by the plaintiff, Sri Narasimhaswami Namagiri Amman and Sri Ranganathaswami temples Namakkal by its executive officer in O. S. No. 147 of 1954 on the file of the Sub Court, Salem, against the judgment and decree dismissing the suit. Valuable good ornaments and jewels entrusted to the defendant, an archaka of the temple, for decorating and adorning the Goddess were lost and the suit was laid for the recovery of a sum of Rs. 8450, the value of the lost jewels from the defendant. The plaintiff charged the defendant with having misappropriated the jewels or in the alternative having failed to exercise due diligence and reasonable care in keeping the jewels safe.

(2.) IN the course of the hearing of this appeal we framed an additional issue

(3.) THE defendant was an archaka employed by the temple to do puja at the shrines of Sri Narasimhaswami Namagiri Amman and Sri Ranganathaswami. He has his turn of puja service to the Goddess between the dates 7 -10 -1951 and 11 -10 -1951 both days inclusive. It is quite clear that every archaka during the turn of his puja service is entrusted with the jewels belonging to the deity to be kept by him in safe custody to be used by him for decorating the deity and to be returned to the temple authorities on the expiry of his turn duty. The defendant had executed an agreement in favour of the temple. Ex. A -8 dated 15 -12 -1947 accepting due responsibility for return to such jewels as may happen to be entrusted to him at the time of his service. Ex. A -3 is the register to jewels in which the defendant signed on 7 -10 -1951 in token of his having obtained custody of the jewels mentioned therein. The list of jewels of Sri Namagiri Amman is Ex. A -5 pages 1 to 3 of Ex. A -3. Admittedly the defendant were entrusted with these items of jewels belonging to the deity on 7 -10 -1951 when his turn of puja commenced.