S. KARUPPIAH Vs. A. SUBBIAH AND OTHERS

JUDGEMENT

(1.) THE Petitioner and one Ramaiah were the trustees of Arumuga Peria Ayyanar and Veeramahali Amman Temples at Gudalur, a village in Trichy District. Their period expired in the year 1970. Thereafter, five persons were appointed as trustees for these temples. One of them filed a petition as the managing trustee under Section 101 of the H.R. and C.E. Act for taking possession of the temples. Originally he did not implead the other trustees, but later, by an application he brought them on record as Respondents. The revision Petitioner Karuppiah and his brother Ramaiah opposed the application on the ground that they had handed over charge of the temples and the records on the expiry of their period to one Viswanatha Udayar. Not accepting their case, the learned Magistrate directed them to deliver possession of the temple and the accounts to the newly appointed trustees. The correctness of their order is now canvassed in this revision.

(2.) THE only contention urged before me is that five persons were appointed as trustees under Exhibit P.1, that all these five persons should have jointly filed the petition under Section 101 of the Act as Petitioners and that as such the petition filed by them is not sustainable.