AYYANAR GOUNDER Vs. MANICKAM

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree, dated 07.12.1995 made in O.S.No.877 of 1994 on the file of the Principal Subordinate Judge, Salem.

(2.) THE appellant herein was the first plaintiff in the suit before the trial court. THE second plaintiff Vaithi Gounder died, even when the case was pending before the trial court and his Legal Representatives were arrayed as respondents 11 to 16. As per the order passed in C.M.P.No.11693 of 2003, dated 28.01.2003, the 17th respondent has been impleaded. Respondents 5 to 9 were Defendants 6 to 10 in the suit.

(3.) IT is not in dispute that Sri Govindaraja Perumal Temple is situated at Udayapatti Village, Salem Taluk. In the plaint, it has been averred that the plaintiffs 1 and 2 and defendants 1 and 2 were hereditary trustees of Sri Govindaraja Perumal Temple and third defendant was also hereditary trustee and poojari of the above temple. IT is an admitted fact that the aforesaid persons had filed O.A.No.24 of 1974 before the Deputy Commissioner, H.R. & C.E. (Admn) Coimbatore, to declare them as hereditary trustees of Sri Govindaraja Perumal Temple, Udayapatti. After an enquiry, the Deputy Commissioner, Coimbatore, declared by his order, dated 27.07.1976, declared the above said persons as hereditary trustees of the said temple. However, on the petition filed by the villagers in C.S.No.24163/82 under Section 69(2) of the said Act, the Commissioner, H.R. & C.E. Department, Chennai, initiated suo moto proceedings and passed an order, whereby, the order, dated 27.07.1996 passed by the Deputy Commissioner was set aside and the matter was remitted back to him for fresh disposal, in accordance with law.