PACKIRIA PILLAI Vs. KVSUBBIAH MUDALIAR

JUDGEMENT

(1.) The plaintiff is the appellant in the second appeal. He sued recover Rs. 961-3-0, being the principal and interest due on a promissory note dated 31 January 1916 executed by defendant 1 in his capacity as Keevalur temple manager. The allegation in the plaint was that the suit promissory note as executed by defendant 1 as agent and manager of the suit temple for discharging the debt already incurred in connexion with the temple expenses and for benefit of the temple. Defendant 3's deceased father was the trustee of the temple and it was alleged that defendant 1 was managing the. temple affairs under a power-of-attorney executed by defendant 3. The principal amount of the promissory note now sued upon is Rs. 660 which is said to be made up of R3. 500 alleged to have been borrowed for temple purposes under a promissory note executed by the late manager on 21 March 1912 and Rs. 160 balance of interest due on it. Defendant 2 is the present trustee of the temple. The prayer in the plaint is to have the amount paid by defendants 1 and 3 and also from out of the temple funds.

(2.) The plea of the contesting defendant (defendant 2) was that under the terms of defendant 3s father's appointment as trustee he had no right to borrow money on behalf of the temple and that in the muchilika executed by defendant 3's father to the Davasthanam Committee, it was expressly stated that he should not borrow without the previous express authorization of the committee and that no such authority had been obtained in respect of the suit debt. Defendant 2 also denied defendant 1's right under the power-of-attorney executed in his favour to execute the promissory note on behalf of the temple. It was also stated that the temple owned extensive landed properties yielding enormous income, that mohini allowances were granted by the Government, that the income of the temple would be more than sufficient to meet the expenses and that there was no necessity to borrow on behalf of the temple. The plaintiff was put to the proof of the truth and binding nature of the plaint debt.

(3.) The District Munsif gave judgment for plaintiff for the amount sued for, against defendant 1, and dismissed the suit against the temple. The Subordinate Judge having dismissed the plaintiff's appeal this second appeal has been preferred by the plaintiff.