PANCHANADAM PILLAI Vs. PARVATI AMMAL

JUDGEMENT

(1.) These appeals arise out of a suit filed under Section 92, Civil P.C., for a scheme in connexion with the Tiruppayathanathaswami temple, for the removal of defendants 1 - 4 who are the trustees, and the appointment of new trustees in their place, for an account and for other reliefs.

(2.) The temple has properties of its own and also kattalai properties endowed from time to time by the ancestors of appellant 2 in A.S. No. 163 The relationship of the persons who endowed the kattalai is set out at p. 20 of the lower-Court's judgment At a partition between the members of this family entered into on 15 October 1873, and evidenced by Ex 1, properties worth Rs. 7,200 at the time were set apart for a kattalai in the temple. The objects are mentioned in the deed Ex 1, but it is not necessary to refer to them as there is no dispute about them. The material portion of the partition deed as regards the setting apart of the properties and the devolution of trusteeship runs as follows: As the properties worth this sum of Rs. 7,200 have been set apart in common for conducting the said charities to the said Thiruppithanathaswami, the miras alone of the said lands should always stand in the name of the said Thiruppathanathaswami. Now Sabapathi Pillai who is the head of our family should be dharmakartha and should from now conduct the above mentioned charities with the incomes from the said lands and with the said amount in cash. When the said Sabapathi Pillai gets weak in body, he should with full will appoint one who is competent to conduct the said charities and who could be acceptable to Sri Tiruppathanathaswami deity, from out of the sufficiently aged male members of our family as dharmakartha and he should conduct the said charities. If without so appointing, the persons who are dharmakarthas die, the person who is then the bead of our family, should take up the dharmakarthaship and should conduct the said charities. Thus, only one person out of the descendants of our family, sons, grandsons, etc., should be conducting the said charities, subject to the said conditions. Except the male members born in our family, persons who might become related to our family and their descendants and strangers should not be appointed as dharmakarthas and the said person should not conduct the said charities. Persons who act as dharmakarthas should manage the said immovable properties and should conduct the said charities only with the incomes therefrom and should not in any way alienate the said immovable properties.

(3.) Namasivaya, the father of plaintiff 1, added to the kattalai properties and executed a will, Ex. 2, dated 11 January 1895. The land was six mahs and 93 kulies in extent. After reciting that he has set apart this land for the evening kattalai of the god he appoints Venkatachala Pillai, defendant 3's father in the suit as trustee. The material portion of the will runs as follows: I have set apart for the said Tiruppathanathaswami evening kattalai and Venkatachala Pillai residing in the said Tiruppathangudi shall be the dharmakartha and he should without alienating in any way, the said properties and with what remains of the income received every year after paying the sirkar kist, arrange for preparing every day samba for the neivathiam of the evening kattalai, as stated above, and, after the neivathiam is over, should distribute that food to pilgrims and should keep proper accounts. The said Venkatachala Pillai should also look after the kattalai charity already set apart in the said Tiruppathangudi for Ochi-kalam and Arthajamam and Vaiska Utasavams of Tiruppathanathaswami by our ancestors. After the said Venkatachala Pillai the said charities should be administered according to the terms set out in the partition deed which has been left by the ancestors.