MEENAKSHI ACHI Vs. SOMASUNDARAM PILLAI

JUDGEMENT

(1.) The plaintiff sues for a declaration that he is solely entitled to the management of Pichai Kattalai in the Amirtagateswaraswami temple at Thirukkadaiyur and to the possession of the lands attached to the said Kattalai ; in the alternative, he claims that he should be given joint possession and management with the defendant. His first claim is based on the plea that as he is the seniormost male among the descendants of the original founder Chidambaram Pillai, he alone is entitled to the sole management and possession of the Kattalai. Incidentally he contends that the female members of the family of Chidambaram Pillai have no right. His second claim is based on the ground that as he and the defendant are only surviving male members of the junior branch of the original founder s family, they should both be declared trustees entitled to joint possession and management of the Kattalai and its emoluments. This claim also involves the contention that female members have no right.

(2.) Originally there was only one defendant, Parameswara. During the course.of the suit he died, and his widow is the second defendant, and the son-in-law who is alleged to be in sole possession of the lands is the third defendant. The Subordinate Judge, in a judgment, which both sides have attacked as being inconsistent with itself and as being inconclusive as regards the findings, held, that the plaintiff was solely entitled to the management of the Kattalai and to the enjoyment of the lands appertaining thereto. The defendants have appealed.

(3.) Before dealing with the contentions raised on either side, it is desirable to state some facts.