GOMATHI AMMAL DIED Vs. MADASAMY

JUDGEMENT

(1.) Defendants 2 to 6 are the appellants before me in this appeal. This arises out of O.S.No.52 of 1976 which is a statutory suit for cancellation of the order passed by the Commissioner, H.R. and C.E., Madras in A.S.P.No.85 of 1975 dated 27-6-1976 and for further declaration that Sri Harihara Arunachaleswarar Karthikai Guru Pooja Dharma, Veekrakaralampudur, Tenkasi Taluk is a private trust of" the plaintiff.

(2.) The plaint averments are as follows: Plaintiffs 1 to 3 are the children, while the fourth plaintiff is the wife of one Arunachalam Asari. The said Arunachalam Asari, as the trustee with full right to the endowed properties succeeded his father and he has been performing the dharmam known as Sri Hara Arunachaleswarar Karthikai Guru Pooja Dharmam. The endowment has been founded by one Nainar Asari by a registered deed of endowment dated 17-4-1925 and the object of the endowment was the performance of Guru Pooja on the Thirukarthikai day in the Chavady of the house of the said Nainar Asari. The founder named himself as a trustee along with his mother and thereafter the succeeding trustee assumed the management of the trust by nomination, which was so provided in the deed of endowment dated 17-4-1925. There were several proceedings in relation to the endowed properties. Finally, it was decided that Arunachalam Asari and his ancestors were the hereditary trustees of the above Dharmam. Defendants 2 and 3 are the wife and son respectively of one Somasundaram Asari. The said Somasundaram Asari and his brother, Paramasivam Asari have filed a suit in O.S.No.32 of 1957 for framing a scheme in respect of this endowment. Arunachalam Asari died pending that suit. The plaintiffs were impleaded as defendants 8 to 11 in that suit as his legal representatives. After contest, the suit was dismissed on 22-12-1960. Therefore, the plaintiffs therein, Somasundaram Asari and Parama-siva Asari, preferred A.S.No.90 of 1961 on the file of the District Court, Tirunelveli. The said appeal was also dismissed on 30-8-1961. Thereafter, Somasundaram Asari has set up his wife and son to file an application before the Deputy Commissioner of Hindu Religious and Charitable Endowments Department, Madurai in O.A.No.34 of 1966 by joining defendants 3 to 6 and another under sections 63(a) and 64(1) of the Tamil Nadu Act 22 of 1939 for declaration that Arunachaleswarar Dharmam is a religious institution. There was a further prayer relating to the framing of a scheme for the endowment and administration of the same. These were resisted on several grounds. The Deputy Commissioner, by his order dated 9-2-1972 held that there was no temple as Sri Hara Arunachaleswarar temple and the properties have been endowed for the performance of Sri Hara Arunachaleswarar Karthigai Guru Pooja Dharmam on Thirukarthikai day and the Guru Pooja consists of performance of Pooja and the reading of Arunachaleswarer Puranam and feeding. Aggrieved by this order, the matter was put up in appeal in A.P.No.85 of 1974. That appeal was dismissed. Hence the present suit.

(3.) The first defendant in his written statement contended that the reading of Arunachalapuranam and feeding are objectives of public charity. That order is correct. So far as the earlier suit is concerned, viz., 0.S.No.32 of 1957, this defendant was not party to that suit.