M LAKSHMIAMMAL Vs. K T T RAMALINGAM CHETTIAR

JUDGEMENT

(1.) THESE two appeals arise out of one common judgment rendered by Subordinate Judge of Ramanathapuram in Madurai, in O.S.No.65 of 1969 and O.S.No.124 1969. O.S.No.65 of 1969 was decreed, while O.S.No.124 of 1969 was dismissed. As against the decree in O.S.No.65 of 1969 A.S.No.710 of 1981 has been filed and as against decree passed in O.S.No.124 of 1969 A.S.No.828 of 1983 has been filed. O.S.No.65 of was filed by one K.T.T.Ramalingam Chettiar against Muthuramalingam Pillai and others, the eighth defendant being the Commissioner, Hindu Religious and Charitable Endowments, Madras, while O.S.No.124 of 1969 was filed by the said Muthuramalingam and six others against the said K.T.T.Ramalingam Chettiar, the plaintiff in O.S.No.65 1969and that suit was filed for recovery of possession and for damages. Both the appeals can be disposed of in one common judgment. In both the suits the case of the respective parties is the same. For convenience sake, as the trial Judge has done, the plaintiff O.S.No.65 of 1969 will be hereafter referred to as plaintiff and the defendants in that suit the defendants.

(2.) NOW the case of the plaintiff in brief is that, the suit temple which is known Pazhikkanjia Vinayagar temple at Sivakasi is a public temple. It was founded by Ayira Kasukara Chettiars community. It was managed and administered by the plaintiff and predecessors. The defendants and their predecessors were only Poosaries in the temple they had nothing to do with the ownership of the temple. The defendants filed an application before the Deputy Commissioner, Hindu Religious and Charitable Endowment Department declaration that the suit temple is a private temple and that was ordered. The preferred before the Commissioner was dismissed. The plaintiff filed statutory suit Sec.70 of the Hindu Religious and Charitable Endowments Act for setting aside that and to declare the suit temple as a public temple.

(3.) ON consideration of the evidence adduced in the case the trial court held by its judgment dated 30.11.1971 that the suit temple is a private temple. Accordingly it decreed the suit O.S.No.124 of 1969 filed by the defendants and dismissed the suit O.S.No.65 of 1969 filed by the plaintiff;