GOLLA CHAKRAPANI Vs. KATNENI LAKSHMAPERUMALLU

JUDGEMENT

(1.) In this case the question is whether the plaintiff can sue to establish his right to remove an idol from the temple of his village, that idol being alleged to be cracked, and to replace it by a new idol made by himself. The temple, it is not disputed, has no trustees and no property. It is referred to as the temple of the villagers, who are the worshippers in it.

(2.) The plaintiff first supports his right to remove the idol and to replace it by a new one on the ground that it would. be an act of worship, which like any other villager he is entitled to perform. We cannot see how in any ordinary sense the removal of an idol from a temple and the substitution of a new one is an act of worship.

(3.) Next the plaintiff argues that such removal land substitution would be an act of management. The difficulty however is that he has not shown that he has any right to manage, He no doubt presented an application in the court of First Instance for leave to sue as representing the villagers as a body. But that application was dismissed and, as he has no ground of apppeal against the dismissal as improper, we are not prepared to allow him to argue the point. In these circumstances the appeal fails and is dismissed with costs payable by the plaintiff (appellant) to defendants 1 to 9, 12, 13, 15 and 16 (respondents 1 to 9, 11, 12, 14 and 15). There was no necessity for the 14 defendant (13 respondent) to appear here and he will bear his own costs.