RYALI BRAHMAYYA Vs. DRONAMRAJU VENKATASURYANARAYANAMURTHY

JUDGEMENT

(1.) The appellants who are archakas of a temple applied to the Subordinate Judge of Narasapur to direct the defendant, the trustee, to pay them their salary due for seven months. The subordinate Judge dismissed their application and they prefer this appeal.

(2.) The contention of the appellants is that there is a provision in the scheme for an application of this kind and therefore the Subordinate Judge was wrong in refusing their prayer. Para. 14 of the scheme is as follows: Liberty to apply to the Court is hereby granted to the trustee or to any person interested in regard to any matter arising out of this scheme or seeking any modification thereof.

(3.) The appellants are only Archakas of the temple. If the trustee does not pay their salary, their remedy is by a suit. If the contention of the appellants is to be upheld it would mean that the Court is to administer the trust estate in which a scheme is framed. Could it be said that a person who gives credit to the trustee for temple expenses is entitled to apply to the Court to direct the trustee to pay the amount due to him? We are clearly of opinion that the appellants have mistaken their remedy and they have no right to move the Court by virtue of paragraph 14 of the scheme already referred to, to apply to the Court for relief.