THIRUMALAI ALWAR AIYANGAR SWAMIGAL Vs. LAKSHMI SADAGOPA AIYANGAR

JUDGEMENT

(1.) The plaintiff brought this suit for a. declaration of his right to perform the Thiruppallandu Mandapappadi on the first day of the Pagalpathu festival in the Adinathar temple in Alwar Tirunagari and to receive the honours and emoluments connected therewith and for an injunction and damages. Both the plaintiff, who belongs to the eastern Tirumaligai and the defendants 1 to 4, who belong to western Tirumaligai are Acharyapurushas of the temple, though it is not upon the holding of the office of Acharyapurusha that plaintiff bases his title to perform the Mandapappadi ceremony but upon an alleged hereditary right established by usage for a long series of years, Defendants 5 to 7 are the trustees of the temple, who are alleged to have assisted the other defendants in interfering with the plaintiff s exclusive right to conduct the performance.

(2.) In the lower Courts, as also here in second appeal, it was contended that the suit was not maintainable.

(3.) In dealing with questions as to the maintainability of suits connected with the assertion of rights to perform acts Of religious worship and with the assertion of rights to receive the honours and emoluments accompanying such worship, the Courts in this country have been guided by fairly well defined principles although the distinction to be drawn between particular cases to which these principles have been applied is sometimes rather narrow.