THULUKKA CHOODAMANI MARIAMMAN TEMPLE Vs. SUBRAMANIA PANDARAM

JUDGEMENT

(1.) The 5th defendant in O.S.No. 112 of 1979, on the file of the Court of the District Munsif, Rasipuram is the appellant before me. It appears the suit was filed originally in the Court of the District Munsif, Namakkal as O.S.No.167 of 1977.

(2.) Two questions are raised before me by the counsel on both sides as arising out of the judgments and decrees of the courts below. They are, (1) Whether the plaintiffs in O.S.No.112 of 1979 are entitled to appropriate the coconut bunches and the plantain bunches offered by the worshippers during annual festival in the month of Panguni to the deity of the suit temple, and (2) whether the suit is barred under section 108 of the Hindu Religious and Charitable Endowments Act, 1959.

(3.) The suit temple is Sri Thulukka Choodamani Amman, an ancient temple at Pudupatti village, Rasipuram Taluk. The plaintiffs, four in number, representing the hereditary poojaries of the said suit temple sued the defendants for declaration that they are entitled to receive the tender coconuts and plantain fruits offered to the temple by the worshipping public at the time of annual festival in the month of Panguni and to restrain the defendants 1 to 5 from in any way interfering with the peaceful possession and enjoyment of that right.