VIBHUDAPRIYA THIRTHA SWAMIAR Vs. LAKSHMINDRA THIRTHA SWAMIAR

JUDGEMENT

(1.) The appellant in this case is the Mathadhipathi or superior of the Admar math at Udipi in the South Kanara District, and he sues the defendant, the present Mathadhipathi of another institution called the Sirur math (in the same town), for certain monies which he alleges are due to him by the defendant's predecessor in office. The defendant is a minor and defends this action by his father as guardian.

(2.) The plaintiff alleges that the predecessor of the defendant borrowed the money for the purposes of the math, and the transactions ranged over a long period from 1902 until about the time of his death in 1916; that a settlement of account was arrived at on August 14 in that year and an acknowledgment was signed by the deceased Matadhipathi (Exh. C. on the record).

(3.) The Sirur Mathadhipathi died on September 27, 1916, and the plaintiff brought his suit against his successor on August 14, 1919. It should be mentioned that as the deceased Mathadhipathi had made no nomination in his lifetime the superior of the connected Sodi math appointed the defendant as his successor.