R PADMANABHAN Vs. SRI VIDHYA VAKEESA THEERTHAR

JUDGEMENT

(1.) THE unsuccessful plaintiffs in both the Courts below are the appellants.

(2.) THE case in brief is as follows: THE plaintiffs for themselves and also representing the public worhsippers filed a suit for declaration that the lease in favour of the 2nd respondent by the 1st defendant under a document dated 20.10.1987 is null and void and a consequential injunction. THE suit property is a Public Religious Trust belongs to Sri Vyasaraja Mutt, which is having the main office at Sosalai in Karnataka State (hereinafter referred to as "the Mutt"). This Mutt is essentially a religious institution of the Madhwa Community. Vyasaraja, a saint and Philosopher, founder of the Mutt had many disciples. THEy were living in various places in South India preaching Madhwa Philosophy and wherever they attained Mukthi, their mortal remains were interned and Samadhis were constructed and the people offer worship at the samadhi and there were religious functions as well performed in those places of worhsip like Guru Pooja, etc. THEse Samathis were held in reverence by the devotees and daily poojas are also performed for this and sometimes abishekams are also carried out by the devotees. THE Madhwas worship Lord Krishna as their Presiding deity in their temple in the Mutt. Besides daily poojas, festival is also conducted and one such festival in the temple is Gokulashtami and this carried on for ten days. All Hindus join and they also offer worship in the temple. THE Samadhis and the temple in the branches in Mutts have become places of public worhsip in due course of time. THE members of the public offer donations to the Mutt head when he visits the Holy places. THE Mutt is a Public Religious and Charitable Endowments Act (hereinafter referred to as H.R. & C.E. Act). Though the main Mutt is established and situated at Sosalai in Karnataka State, yet the branches in Tamil Nadu are subject to the control of the H.R. & C.E. Act prevailing in this State. This Mutt is having a branch at Kumbakonam in T.S.R. Big Street. In this place, 3 Mahants have been interned and their mortal remains are kept in these Samadhis. THEy are more than 100 years old and daily pooja is offered at the Samadhi and Guru Pooja is celebrated. THEre is a Gopuram and Praharam and a well which is called Pushkarani. THEre is open space on the rear side of the samathi and it is used s Nandhavanam, where flower plants were raised. THEre are 7 shops in the front portion of the Mutt building and they are rented out to several persons and rent collected is used for the maintenance of the temple.

(3.) HEARD the learned counsel for the parties.