SEETHALAKSHMI Vs. MARUDHUPANDI

JUDGEMENT

(1.) This Appeal Suit has been preferred challenging the judgment and decree passed by the learned I Additional District Judge, Madurai, dtd. 15/3/2019, in O.S. No. 92 of 2013. The appellant is the first defendant in the suit.

(2.) The first respondent/plaintiff has filed the suit for declaration and permanent injunction in respect of the administration of hereditary trustees/poosaries of Arulmighu Pandi Muneeshwarar Temple. In the said temple poojas were managed by Pothaipandiyan Poosari and Mahamuni Poosari. Pothaipandiyan had five sons namely, Veeramalai Poosari, Pandiyan Poosari, Sankan Poosari, Ponnan Poosari and Kodangi Poosari. Mahamuni Poosari had five wives, namely Ulagammal, Saroja, Aanandhavalli, Dhanam and Indra. In view of the dispute arose between the sons of Pothaipandiyan Poosari and Mahamuni Poosari in performing the poojas, a suit was filed in O.S. No. 383 of 1973 before the District Munsif Court, Madurai; in the said suit, a compromise decree was passed; as per the compromise decree, it is agreed that the sons of Pothaipandiyan and the sons of Mahamuni Poosari would do poojas in rotation basis for every five weeks; Mahamuni Poosari married one Aanandhavalli and through her, he got one son and two daughters; later, he divorced her as per custom; subsequently, she was married by Pandiyan Poosari son of Pothaipandian; and they had no issues out of their marriage.

(3.) The first defendant resisted the suit by stating that Pandiyan Poosari married the first defendant on 10/5/1985 in Murugan temple at Madurai Rajaji Poonga according to Hindu rites and customs in the presence of the relatives and elders; the marriage was registered before the Marriage Registrar, Tallakulam Sub Registrar office registered on 12/5/1985 and serial number was given as 35/1985; P.M. Raja Poosari son of Mahamuni Poosari born through his first wife Ulagammal and Sivaji Poosari son of Ponnan Poosari stood as witnesses and affixed their signatures; so the first defendant is the legal wedded wife of Pandiyan Poosari; Pandiyan Poosari lived with her happily till his life time; Pandiyan Poosari died on 12/11/2003 and as his only legal heir the first defendant succeeded to his office of hereditary trusteeship in the temple; the first defendant also recorded her succession with the Joint Commissioner, Hindu Religious and Charitable Endowment Department; accordingly, she was permitted to perform pooja in the temple for a period of one week in a rotation basis.