RAMANATHAN CHETTI Vs. MURUGAPPA CHETTI

JUDGEMENT

(1.) In the village of Kottoor, in the Zemindari of Sivagunga, there is a Hindu temple dedicated to the public worship of the deity in whose honour it was founded, and endowed with the revenue of three villages. The office of manager of this temple is hereditary in a family of which the appellant and respondent are both members, but the family has no beneficial interest in the property or in the income of the temple.

(2.) The office of manager was formerly vested in one Mayandi Chetti, who was grandfather of the respondent and great grand father of the appellant. On Mayandi's death the office devolved by inheritance on his male descendants by his two wives. There were four by each wife, or eight in all. One member of each branch took the management for one year in alternate succession until the year 1881-82. About that time the member of the junior branch renounced or relinquished their claim to the office in favour of the respondent who is a member of the senior branch. During the 19 years immediately preceding the institution of this suit, in each cycle of eight years, there has been a settled order of succession among the members of the senior branch. The respondent has had five turns, and the appellant and the other two representatives of the senior branch one turn each.

(3.) In accordance with this arrangement the appellant held the office of manager of the temple, and the property belonging to it, from 1 Adi of the year Vilambi (15 July 1898) to 30 Ani of the year Vikari (13 July 1899). On the expiration of that year it was the respondent's turn to hold office for the next three years- one year in his original right and two years in right of the junior branch. The appellant handed over the temple to the respondent, but he kept back the jewels and retained or retook possession of the three villages with which the temple is endowed.