CHIDAMBARANATHA THAMBIRAN ALIAS SIVAGNANA DESIKA GNANA SAMMANDA PANDARA SANNADHI Vs. PSNALLASIVA MUDALIAR

JUDGEMENT

(1.) This is a suit brought by the two plaintiffs with leave under Order 1 Rule 8 of the Code of Civil Procedure, 1908 as representing themselves and other Thambirans and disciples of the suit mutt to declare certain alienations made by the Mahant invalid and have the property alienated handed over to the Mahant, the first defendant. The Mahant having died during the pendency of the suit and been succeeded by the 1st plaintiff, the plaint was amended accordingly and now pray for possession to be given to the 1st plaintiff.

(2.) The Subordinate Judge has held that mutt properties as such are not trust properties and that consequently the suit is not barred under Section 92 of the Civil Procedure Code, but he has also held that the plaintiffs are not entitled to sue for possession to be given to the first defendant and that the suit must be treated as one for a declaration and is barred under Article 120 of the Limitation Act.

(3.) If the suit properties were held by the Pandarasannadhi on trust, I think the Subordinate Judge was wrong in holding that the claim for possession was not maintainable and that the suit was barred under Article 120 of the Limitation Act.