A V M RAMASWAMI CHETTIAR Vs. VMMUTHUKARUPPAN CHETTIAR

JUDGEMENT

(1.) This suit was brought for the removal of the defendants Nos. 1 to 4 from the management of the temple of Ayyanar Karuppannaswami and Mutharasakulanthaswami and for framing of a scheme. This is a small temple in Vitalapuram alias Vijiaramaberi of Ettiyapuram Zamindari in the Ramnad District with properties yielding a moderate income of about Es. 400 per annum. The Subordinate Judge's Court passed a decree in accordance with the prayers in the plaint, and the 1 defendant appeals.

(2.) Two main points have been argued at the hearing of this appeal. The first is whether the plaintiffs are sufficiently interested in the temple to maintain this suit. It appears from the evidence that the 1 and 2nd plaintiffs have contributed to its funds and it is not denied that the 1 plaintiff is a worshipper at the temple. It has also been found that all the plaintiffs belong to the Vysia Kasukara Cbetty community, which community has a peculiar interest in worshipping at this shrine. These facts are sufficient to give the plaintiffs Nos. 1 and 2 at least a right to institute a suit, and the fact that the 3 plaintiff has not been proved to be one of the worshippers will not affect the right of the other two who have joined together to institute the suit.

(3.) The next question is whether the defendants should have been removed from the office of trustees. The lower Court was unable to find any dishonesty or fraud proved against the 1 defendant who was the principal manager. The sum total of the lower Court's finding is that the 1 defendant was inefficient, that he became insolvent and that he set up a title hostile to the trust.