KARUPANNA PILLAI Vs. ETHUMALAI PILLAI

JUDGEMENT

(1.) The appeal is against the order of the Judge of the Court of Small Causes, Trichinopoly, remanding a suit for fresh disposal to the District Munsif of Kulitalai after setting aside the District Munsif's decree.

(2.) The suit was brought by the plaintiff (respondent here) to declare that a certain property belonged to the Kamakshi Amman Temple, in Maradi village, the plaintiff being the hereditary trustee of that institution. The property comprises two Survey Nos. 585-A and 585-B. As to No. 585-A there is no question because both the Courts have found that it belongs to the temple and it is conceded that the setting aside of the Munsif's decree by the Sub-Judge is not intended to disturb this position. With regard to No. 585 B the suggestion is that it was acquired on darkhast by the defendant's grandfather who was a pujari of the temple and he thus acquired it in a fiduciary capacity and must be declared to have held it not on his own behalf but on behalf of the, temple. That is the case urged in the revision petition, and so I will be referring to it more particularly.

(3.) The District Munsif decreed the suit in to to. The Subordinate Judge found that No. 585-A belonged to the temple but held that the plaintiff had failed to prove the temple's title to No. 585-B. The learned Subordinate Judge having also come to that conclusion on the evidence, the plaintiff then petitioned to amend his plaint to the effect mentioned above. The first question as regards-the appeal is whether the appeal lies.