PANCHAPAGESA GURUKKAL Vs. SINNA SEVUGAM CHETTIAR

JUDGEMENT

(1.) Of considerable importance and interest is the main question for consideration in this second appeal. The plaintiffs who are the appellants before us are the hereditary gurukkals or official worshippers of the deity in the temple of Sri Dharmambai at Tiruvadi. For the purpose of the discussion of the question raised it is sufficient to indicate the respondents who represent the defence as the managing authority of the institution represented by the dharmakartha, the deceased defendant 1, and those deriving authority from him.

(2.) The object of the action may be briefly stated to be to prevent the demolition of the old shrine and the construction of a new one in its place pursuant to arrangements entered into with regard thereto by the dharmakartha with defendant 3 a gentleman of the Nattukottai Chetty caste apparently of considerable wealth and resources.

(3.) There is apparently no question in the case of the funds of the temple being utilized for the purposes of the proposed renovation. There have always no doubt been two opinions with regard to all such renovations of old temples, one school being strongly against the demolition of old structures and the other being in favour of renovation even on modern lines. We have, however, nothing whatever to do with any such opinions. The case has come up before us only to be adjudicated on the legal rights and wrongs, having; regard to what has been alleged and proved and found by the lower Court.