RAJA RAJESWARI AMMAL Vs. SUBRAMANIA ARCHAKAR

JUDGEMENT

(1.) The only question raised in this Second Appeal is whether a female heir is disqualified from succeeding to the office of archaka and receiving the emoluments attached to the office in cases where such office is hereditary in her family. The District Munsif passed a decree in plaintiff s favour, but the Subordinate Judge who agreed with the District Munsif in all his findings of fact dismissed the plaintiff s suit on the ground that the decision in Sundarambal Ammal v. Yogavana Gurukkal (1915) I L.R. 38 Mad. 850; s.c. 26 M.L.J. 315 was authority for holding that females were disqualified from succeeding to the office.

(2.) The right of females to succeed to religious offices and perform the duties by proxy where such offices are hereditary has been recognized in numerous cases. As observed by Ayling and Hannay, JJ., in Ramasundaram Pillai v. Savundrathammal (1914) 16 M.L.T. 423 (where all the important cases are collected) the rules enunciated by Sadasiva Ayyar, J., in Sundarambal Ammal v. Yogavana Gurukkal (1915) I.L.R. 33 Mad. 850 run counter to ideas which have been commonly accepted by parties concerned and given effect to by Courts for many years and we think that the present case is one where Courts should apply the doctrine of stare decisis and not declare to be illegal a practice which has been followed for many years with so far as we are aware no serious evil consequences and which has been the foundation of many titles.

(3.) The hereditary right to succeed to a religious office is itself the creature of custom and the fact that females have been allowed without question to enjoy the emoluments of the office and to get the duties performed by proxy and that Courts have for a series of years given effect to such rights justifies us in holding that female succession is not excluded. The right of females to perform religious duties by proxy is not unknown to Hindu Law and usage, the commonest examples being the performance of sradhas and funeral obsequies by female heirs by proxy and cases where a widow makes-an adoption.