NADUVIL MADAM PARAMESWARA BHARATIGAL ALIAS AZHAKAPRA SWAMIYAR AVARGAL, TRUSTEE OF NADUVIL MUTT AND AS SUCH THE UDAMA OF PUDUKODE DEVASWOM Vs. TPSISSOOP ROWTHAN

JUDGEMENT

(1.) In 1917, one Narayana Bharati alias Kappiyur Swamiyar filed a suit as Udama of the Pudukode Devaswom against certain Muhammadans for declaration and injunction in respect of a site. The matter went up on appeal before the District Court of South Malabar and was decided against the Devaswom. A Second Appeal had to be filed. On the ground that Narayana Bharati had ceased to be the head of the Devaswom and that he himself became its head, one Parameswara Bharati alias Azhakapra Swamiyar filed the Second Appeal. He was asked to state how his right accrued. He then filed Civil Miscellaneous Petition No. 2153 of 1922, dated 25 August, 1922, supported by an affidavit. In this affidavit it was alleged that the suit properties belonged to Pudukode Devaswom.

(2.) "The said Devaswom and all properties belonging thereto are appurtenant to and form part of the endowment of the Naduvil Madam situated at Trichur, Cochin State, and, as such, the head and trustee of the Naduvil Madam for the time being, is the Udama and manager of the Pudukode Devaswom." The Cochin Government, acting under Regulation 1 of 1081(M. E.)dismissed Narayana Bharati by its proceedings, dated 9 March, 1922, from the office of the said Naduvil Madam and appointed by the same proceedings the petitioner as head and trustee of the said Madam. The affidavit also alleged that the said Narayana Bharati had been of unsound mind for nearly one year; but this ground has since been abandoned and need not be referred to again. A counter-affidavit and reply affidavits were filed and our brothers (Odgers and Hughes, JJ.) called for a finding on the questions raised by these affidavits which are stated thus: "Whether the Pudukode Devaswom in British India is appurtenant to and forms part of the institution of Naduvil Madam, Trichur, Cochin State, and whether the trusteeship of Madam and the Pudukode Devaswom has devolved on Azhakapra Swamiyar?" The District Judge, South Malabar, has sent up his findings, and objections have been filed by the respondent (Narayana Bharati).

(3.) The learned Judge in the course of the finding has said "Exhibit 11 series are accounts kept for the Devaswom at the Mutt head office in which two serial numbers are given, one for the Devaswom and one for the Mutt. The temple accounts were kept separate from the Mutt accounts as evidenced by Exhibits 14, 16, 18 19 series. . . . No doubt, it is treated as a separate endowment, and no one has ever suggested that its property or income is mixed indiscriminately with that of the Mutt." But he also said "In the light of this evidence, it is impossible for the counter-petitioner to contend that the Devaswom is independent of the Mutt." Finally he stated his finding thus: "I find that Pudukode Devaswom in British India is appurtenant to Naduvil Mutt in Trichur in this sense that the head of the Naduvil Mutt has always acted as manager or trustee of the Devaswom."