DEPUTY COMMISSIONER JUDICIAL Vs. M PERUMAL

JUDGEMENT

(1.) This appeal has been filed by the defendants as appellants against the judgment and decree dated 25.3.1986 and made in O.S.No.29 of 1984 on the file of the Court of Subordinate Judge, Madurai.

(2.) The facts that are necessary for disposal of this First Appeal are as follows:- Arulmigu Kannimar Temple at Chinnapatti village, Kancharampettai, Madurai North Taluk, Madurai District is an ancient temple and for the support of the said temple an Inam grant has been awarded by ancient Rajas. The said Inam was confirmed by the Inam Commissioner in the year 1865. The temple and the lands granted for maintenance of the said temple were managed by one Manicka Gounder and his descendants hereditarily as hereditary trustees. The genealogy of the descendants of Manicka Gounder is annexed to the plaint. As per Inam Fair Register, permanent tenure was granted in favour of Manicka Gounder as worshiper of the said temple meaning thereby as poojari of the said temple. The said Manicka Gounder had three sons, viz., Manicka Gounder, Perumal Gounder and Andiappa Gounder. Plaintiffs 1 and 2, who are respondents 1 and 2 herein, are grand sons of Manicka Gounder, first son of grantee Manicka Gounder, while the plaintiffs 3 and 4, who are respondents 3 and 4 herein, are great great grand sons of Perumal Gounder, second son of grantee Manicka Gounder. The plaintiffs 5 to 7, who are respondents 5 to 7 herein, are the descendants of Andiappa Gounder, who is third son of grantee Manicka Gounder. The respondents 1 to 7 herein were keeping the management of the temple by remaining in possession of the lands given by Inam Commissioner as grant for the maintenance of the temple. The respondents 1 to 7 herein have been in management of the said temple by possessing the lands granted for maintenance of the temple without any interference from any quarters by paying kist. Ryotwari patta for the above said lands has been granted in favour of the temple by the Settlement Tahsildar by order dated 5.10.1966.

(3.) The respondents herein filed a petition in O.A.No.129 of 1979 before the Deputy Commissioner, Hindu Religious and Charitable Endowment Board, Madurai under Section 63(b) of the Hindu Religious and Charitable Endowment Act 22 of 1959 (hereinafter referred to as "the Act") for an order declaring that the respondents herein were holding the office of trusteeship of the temple hereditarily. The Deputy Commissioner (Judicial) Hindu Religious and Charitable Endowment at Madras, the first defendant, after transfer of the above said O.A.No.129 of 1979, had declared the office held by the respondents herein as hereditary trusteeship. The accounts were audited and payment of contribution and audit fees were also made by the respondents herein to the above said Department. The Commissioner of Hindu Religious and Charitable Endowment, Madras, the second defendant on unseen allegations took up a suo motu appeal against the said order in A.P.No.57 of 1981 and cancelled the order passed by the first defendant on the ground that the respondents herein are not the descendants of Manicka Gounder referred to in the Fair Inam Register and they are not hereditary trustees in management of the temple. It is under the said circumstances, the respondents herein as plaintiffs have filed the suit to set aside the order of the Commissioner of Hindu Religious and Charitable Endowment Department, Madras-34 in A.P.No.57 of 1981 dated 5.8.1983 and to declare that the respondents herein are holding the office of trusteeship of Arulmigu Kannimar Temple at Chinnapatti village, Kancharampettai, Madurai North Taluk, Madurai District hereditarily.