S LOGASIGAMANI MUDALIAR Vs. LRKTHEOGARAYA CHETTI

JUDGEMENT

(1.) The petitioners in O. P. No. 63 of 1919 before the District Judge of Chingleput, who are worshippers of the temple of Sri Theagarajaswami, Tiruvattyur, have filed a civil miscellaneous appeal under Secs.47 and 96 of the Civil P. C., and alternatively a civil revision petition under Section 115 of the Code against the order of the learned District Judge refusing to dismiss from his office the respondent, the trustee of the temple. It is conceded by Mr. Ramchandra Iyer on behalf of the petitioners that no appeal lies; but he presses before us the civil revision petition on the ground that irregularities which would vitiate his order have been committed by the learned District Judge in the exercise of his jurisdiction. As there is no appeal, it is clear that we are precluded from dealing with the order on its merits; and unless the learned District Judge has, in disposing of the petition, misdirected himself in a manner which will show that his order cannot be accepted as satisfactory, we will not be right in interfering with it under Section 115 of the Civil P. C.

(2.) This temple at Tiruvattiyur is a well-known one and possesses considerable moveable and immovable properties. In O. S. No. 2 of 1908 on the file of the District Court by certain worshippers, a scheme was framed for its management which was confirmed in appeal with certain modifications by the High Court in A. S. Nos. 204 and 205 of 1910. The respondent was a minor at that time and was represented by his mother. He is said to have assumed charge of his office as trustee in November 1912, In 1915 the then District Judge dismissed an application filed for his removal under Clause (9) (a) of the scheme with the remark that in the future he (the trustee) is expected to manage the trust property more prudently than in the past and that as trustee he has not merely rights but also duties.

(3.) The present application has been filed by the worshippers for the same relief.