P M APPASAWMY PILLAY Vs. VRAMANUJA CHARIAR

JUDGEMENT

(1.) The question dispute between the Temple authorities and the defendants is as to the ownership of the Gangai Kondan mantapam buildings at the junction of the Tholasinga Perumal and Venkatesa Naick Streets in Triplicane. Of this strip of land the eastern portion about 46 E.W. 36 is an open space in front of the Tholasinga Perumal Street. Next to it is the mantapam proper about 34 feet E.W. There is a door-way from it leading to the west where there are certain godown bazaars which also are claimed in this suit. On the northern side of the vacant space and the mantapam are certain shops on the Venkatesa Naick Street side which it is admitted and the evidence shows were built after 1894.

(2.) The same question was in dispute in 1895 in a suit brought unsuccessfully by some of the worshippers against Raghava Charry, the brother of the 1 defendant, who was also a trustee.

(3.) In that suit, Raghava Charry in claiming the property as his own admitted that it was subject to performance of a charity on special occasions, that the shops were built to utilize the income thereof for the performance of the charity, and that the rents derived from the bazaars were used for the same purpose. He claimed the godown as the private property. In the present suit the defendants admit the mantapam to have been built for the benefit of the Sree Parthasarathy Swami of the Triplicane temple and the bazaars to have been built for the income to be used as stated above and the 1 defendant states in his written statement the suit property with the mantapam thereon is the absolute property of the defendants but subject to the performance of certain charity at their own expense".