VENKATACHARIAH Vs. T T DEVASTHANAM

JUDGEMENT

(1.) This is an appeal against a judgment of Seshacbalapati, J., by which he had in the main, subject to certain modification, confirmed the decree and the judgment of the District Judge, Chittoor, The dispute which gave rise to the suit out of which this appeal arises, is one between the two sects of Vaishnava Sampradayam, those who worship God in his aspect as Vishnu... known as the Vadagalais and Tengalais, and it relates to the right of these two sects to conduct certain rituals in the temples at Tirumalai, Titupati and Tiruchanur.

(2.) The plaintiff, Thamarapu Thituvenkata Chariar, belonging to the Vadgalai sect, filed the suit for a declaration that he and the members of his Thamarapu family or their deputies solely and along with the other members of the Vadgalai community residing in Tirumalai. Tirupati and Tiruchanur vrllages are entitled exclusively to perform the Adhyapaka service for the deity of Sri Vedanta Desikar at Tirupati on all occasions inside the temple and in processions of the said Deity both inside and outside, the temple and on the occasions of Sathumurai and Mangalasasanam in the Sri Govindaraja Swami Vari Temple at Tirupati and the other minor shrines situated in and attached to the said temple reciting the Vadgalai Sri Ramanuja Dayapatram or any other Vadagalai Manthram, Thanian, Prabandham, Vazhi Tirunamam or Sthothra Patam and worship in accordance with the Vadagalai ritual to the exclusion of the Tengalai Manthram, Pathram, Prabandham, Vazhi Tirunamam. The plaintiff also prayed for a permanent injunction restraining the defendants from preventing or obstructing the plaintiff in the performance of the Sathumurai festival of Sri Vedantha Desikar on all occasions, both inside and outside the temple during the visit of Sri Govindarajaswami to Sri Vedantha Desikar's Temple, and at the time of Mangelasasanam of Sri Vedantha Desikar and from iterfering with the plaintiff's right of renderinf the Adhyapaktm service or preventing the plaintiff and the Vadagalais from exercising their right of worship during all or any of the stages aforesaid, in accordance with the Vadgalai ritual. Of the defendants against whom this action was brought, the 1st defendant is His Holiness Peria Kovil Kelvi Appan Ticavenkata Ramanuja Pedda Jiyyangarlu for himself and as representing the Tengalai Adhyapskas and Tengalai residents of Tirumalai, Tirupati and Tiruchanur;the 2nd defendant is the Board of Trustees of the Tirumalai-Tirupati Devasthanams Committee represented by its Executive Officer; the 3rd defendant is T.A.P. Srinivasschariar. a Tengalai, who got himself impleaded as representing the members of the Tengalsi Sect in Tirumalai. Tirupati and Tiruchanur villages, with leave to sue under Or 1.R. 8. C. P. C. During the pendency of the Second Appeal in the High Court, the 1st defendant died and his Holiness Sriranga Ramanuja Pedda Jiyyangar was brought on record as the 4th defendant for himself and as representing the Tengalai Adhyapakas and Tengalai residents of Tirumalai, Tirupati, and Tiruchanur Villages.

(3.) The 1st defendant contended that the plaintiff and the members of his family are neither Dharmakarthas nor Adhyapaka Miras holders in Sri Vedanta Desikars Temple and claimed that he is the Head of the Adyapakam Miras in all the temples in Tirumalai and Tirupati, including Sri Vedanta Desikar's shrine; that the Adhyapakam service in that shrine is conducted by a Vadgalai Ekangi appointed by him and the Bahumanam etc., are received by him through his deputy, the Vadagalai Ekangi. It was further contended that the nature of Patram, Vazhi Tirunamam. Sthotra patam to be used in the Prabandha Seva Kalam in Tirumalai Tirupati temples, is a matter which has been conclued by the decsision of the Privy Council in Appeal No. 33/43 (Pedda Jiyyanarlu Varlu v. Venkatacharlu in favour of the 1 st defendant and that the claim put forward in the present suit is barred by res judicata It was danied by the 1st defendant that at the time of Mangalasasanam of Sri Vedanta Desikar in Sri Govindarajaswami Temple, Vadgalai Patram. Vazhi Tirunamam and Vadgalai Sthotrapatams are recited He pleaded that the recitation, at the time of Mangalasasantm, as on all occasions of Prabbandha Sevakalam in Sri Govindaraja swami's Temple has always been and since the decision of the Privy Council strictly in accordance with the Tengalai form and usage; that there is no Mangalasasanam in any other minor shrines of Sri Govindarajaswami's Temple and that, even if it is established that there is any such right, the celebration also should be governed by the Tengalai forms of ritual. The 2nd defendant denied the claim of the plaintiff to the hereditary Dharmakarthaship and the Adhyapaka Miras office in Sri Vedanta Desikars Temple and pleaded in accord with the contention of the 1st defendant that the nature of the Patram and Vazhi Titunamam to be recited at the Prabandhn Sevakalam is barred by res judicata having regard to the judgment of the Privy Council referred to above. It was also pleaded that the suit is barred under sec. 9 C.P. C. and under sec. 44 of the Madras Act XIX of 1933. The 3rd defendant in a separate written statement supported the other defen dants by substantially adopting the main contentions of the 1st defendant.