KALYANA VENKATARAMANA AYYANGAR; KASTURIRANGA AYYANGAR Vs. KASTURIRANGA AYYANGAR; NCNARASIMHACHARIAR AND THIRTEEN ORS

JUDGEMENT

(1.) This is a suit by two worshippers of the temple for a declaration that a perpetual lease of temple-income in favour of the defendants is void and not binding on the Devasthanam. The defendants Nos. 1 to 9 represent the members of the Devasthanam Committee who granted the lease on the 9th September 1893. Defendants Nos. 10 to 15 are the representatives of the archakas of the temple who obtained the lease. The trustee of the temple has not been made a party to this litigation. It is undisputed that the temple in question came under the management of the Committee only in 1882. At the time of the lease, Srinivasa Ayyangar, one of the archakas of the temple, was the trustee.

(2.) A number of defences was raised to the action. It was pleaded that the collections leased out really belonged to the archakas and that the arrangement by which a sum of Rs. 300 a year was secured in perpetuity to the temple was beneficial to the temple. The further contentions were that the suit was barred by limitation and that the plaintiffs were not competent to maintain the suit.

(3.) The District Munsif dismissed the suit. On appeal the Subordinate Judge reversed the decree. Two appeals, one by some of the archakas and the other by the first plaintiff, have been filed.