K.P. PERIYANNAN (FIT PERSON) SRI VENUGOPALAKRISHNASWAMY TEMPLE Vs. DEITY VENUGOPALAKRISHNASWAMY REPRESENTED BY POOJARI NALLAPPAN AND ANR.

JUDGEMENT

(1.) An extent of 3-48 acres of dry land in S, No. 795 in Boganapalli Village was acquired admittedly for a public purpose. A compensation of Rs. 27,653-47 was awarded. The title to the property admittedly stands in the name of Venugopalakrishnaswami Devaru of Boganapalli Village, Krishnagiri Taluk. There is no dispute about the title at all. But in the present proceedings, the race is between claimants 1 and 4, who claim that they are entitled to be paid the interest which accrues from and out of the above corpus for them to conduct the ritual and affairs of Venugopalakrishnaswami Devaru, and claimants 2 and. 3, who claim as the hereditary archakas entitled to possession of the lands compulsorily acquired. According to the claimants 2 and 3, they are entitled to the Interest to enable them to render archana service to the deity.

(2.) Claimant No. 1, is the deputy of claimant No. 4, who in turn is the Managing Trustee of this temple, having been so appointed by the Hindu Religious and Charitable Endowment Board. Claimant No. I, the deputy, sails along with claimant No. 4, and in the capacity as such trustee and deputy, they claim that they are entitled to interest which accrues from the compensation awarded. Both parties agree that the said compensation should remain in Court deposit, and it is only the income that accrues there-from which has to be operated upon. Whilst the case of claimants 1 and 4 is that they are entitled to receive the accruing interests, the contention of claimants 2 and 3 is that they would be entitled to it as hereditary archakas. This is the sum and substance of the pleading.

(3.) The learned Judge, who went into such conflicting claims, considered the earlier proceedings which took place as between the predecessors of claimants 2 and 3 and the prior appointees of the Hindu Religious and Charitable Endowments Board, in which there was a declaration that the hereditary archakas are entitled to be in possession of the acquired land, and that without any powers of alienation therefor, they should enjoy the same in lieu of the archaka service, which was expected from them and which they were mandated to do as hereditary archakas to the deity Venugopalakrishnaswami Devaru. The learned Judge, after noticing the earlier judgments, which, according to him, were binding on the present contesting claimants, upheld the claims of claimants 2 and 3 in preference to that of claimants 1 and 4. The fourth claimant appeals.