A.N. RAMASWAMI IYER AND ORS. Vs. THE COMMISSIONER, THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION) AND ANR.

JUDGEMENT

(1.) THE plaintiffs have preferred this appeal against the judgment of the learned Subordinate Judge of Tirunelveli, dismissing their suit with costs of the contesting first defendant. The suit itself was filed by the plaintiffs for themselves and as members of the Committee of the Agraharam Pothu, Dharmam alias Dharma Paripalana Sabha of Vadakku Ariyanayagipuram, against the Commissioner of the Hindu Religious and Charitable Endowments (Administration), Madras (the first defendant), and the Executive Officer, Sri Kailasanatha -swami Devasthanam, Ariyanayagipuram (the second defendant), for setting aside the order of the first defendant dated 10th. May, 1963 in Appeal No. 45 of 1962. The case of the plaintiffs was as follows : In the village of Ariyanayagipuram in Tirunelveli District are situate two temples ; one is a Siva temple called Sri Kailasanathaswami Devasthanam, and the other a Vishnu temple known as Venkatachalapathi Devasthanam. Sri Kailasanathaswami Devasthanam is the richer of the two Devasthanams and is possessed of considerable endowments and has been under the management of the trustees appointed from time to time under the Tamil Nadu Act II of 1927 and Act XIX of 1951, while Venkatatachalapathi Devasthanam has been customarily and from time immemorial, under the continuous and exclusive management and control of the resident Brahmin community of the village. The plaintiffs are the present members of the managing committee of the Agra -haram Pothu Dharmam known as Dharma Paripalana Sabha, having been selected thereto by the Brahmin residents of the village. The village Brahmin community has been from time immemorial in exclusive control and management of Sri Venkatachalapathi Devasthanam and has been functioning through a managing committee selected by the said community from year to year. From time immemorial, Sri Kailasanathaswami Devasthanam was making an annual contribution of 8 kottas of paddy and Rs. 30 to Sri Venkatachalapathi Devasthanam of the village. But, this contribution was stopped by the then trustee of Sri Kailasanathaswami Devasthanam in 1953 -54, on the ground that Sri Venkatachalapathi Devasthanam was an independent one and the trusteeship thereof was hereditary in the Brahmin community of the village. On a complaint from the Secretary, Dharma Paripalana Sabha, the Assistant Commissioner, Hindu Religious' and Charitable Endowments (Administration), Tirunelvely, by his proceedings dated 19th March, 1956 restored the contribution with a direction to the person or persons interested in Sri Venkatachalapathi temple to move the Deputy Commissioner for a declaration that the trusteeship of Sri Venkatachalapathi Devasthanam is hereditary within the meaning of Section 57(b) of the Tamil Nadu Act XIX of 1951. The Assistant Commissioner also suggested that a decision from the same Tribunal might be obtained as to whether or not the said Sri Venkatachalapathi Devasthanam was a sub -temple of Sri Kailasanathaswami Devasthanam of the village. In pursuance of the said direction, the then members of the managing committee of the Dharma Paripalana Sabha filed O. A. No. no of 1956 before the Deputy Commissioner, Hindu Religious and Charitable Endowments, Thanjavur. By order dated 16th August, 1957 the Deputy Commissioner dismissed the application after holding that Sri Venkatachalapathi Devasthanam was a sub -temple of Sri Kailasanathaswami Devasthanam, and that it had not been established that the office of trusteeship and management of the said temple was hereditary. An appeal was filed by the Dharma Paripalana Sabha to the Commissioner of the Hindu Religious and Charitable Endowments, Madras, who set aside the order of the Deputy Commissioner and remanded the matter to him for fresh disposal. After remand, the Deputy Commissioner, after hearing the parties, held by his order dated 26th February, 1962 that Sri Venkatachalapathi Devasthanam was not a sub -temple of Sri Kailasanathaswami Devasthanam and that the claim of hereditary trusteeship made by the Brahmin community was untenable. The plaintiffs -preferred an appeal, Appeal No. 45 of 1962, to the Commissioner, Hindu Religious and Charitable Endowments, Madras, against that part of the order which held that the trusteeship of Sri Venkatachalapathi temple was not hereditary under Section 6(9) of the Tamil Nadu Act XIX of 1959. The appeal was dismissed on 10th May, 1963. According to the plaintiffs, the order of the Commissioner disregarded the unimpeachable evidence on record to the effect that succession to the management and trusteeship of Sri Venkatachalapathi Devasthanam has been regulated by usage from time immemorial, and consequently, the office of trusteeship is hereditary. The suit was filed in the Court below for setting aside the order of the Commissioner in Appeal No. 45 of 1962.

(2.) THE first defendant filed an answer in which he contended inter alia that the suit was barred by limitation, that the succession to the office of trusteeship of the plaint -mentioned Devasthanam was not regulated by any ancient or definite usage and that the order of the first defendant was not, therefore, liable to be set side.

(3.) THE second defendant filed a memo. adopting the written statement of the first defendant.