SRI KANCHI KAMAKOTI PEETATHIPATHI AVERGAL SIKKUDAIYAR SWAMI AVERGAL JAGATHGURU SRI SANKARACHARYA SWAMIGAL, BY AGENT RAMASWAMI SASTRIAL Vs. MANALI SARAVANA MUDALIAR

JUDGEMENT

(1.) These second appeals arise from two suits brought by the present Sikkudayar Swami of Kanchi Kamakoti Mutt of Kurabakonam against the defendants, who are the Shrotriemdars of the 3 plaint Shrotriem villages in the Chingleput District, for payment of Sikkudayar Merai alleged to be due to him from them for 12 years from Fasli 1309.

(2.) Plaintiff s case, as finally put forward by him in Court, was that the Merai, which was a share in the crop, was to be deducted and given to him from the outturn of the produce of the lands in the Shrotriem villages in Chingleput District at a fixed rate after deducting 1/5th for common expenses and before the division of the crop between the Shrotriemdar and the Kudivaramdar. It was stated that the Sikkudayar Swami obtained the right to this Merai as an Inam from the Hindu Chola Rajas, that the British Government recognised it and for some time collected and paid it to the Swami themselves, that at time of the settlement and the grant of the Sanads to the Shrotriemdars they deducted this Merai in fixing the Peshcush and directed the Shrotriemdars to take it and pay it over to the Swami, and that payments had been made accordingly for many years and that in cases of default, payments had been enforced by decrees obtained against some of the Shrotriemdars. Plaintiff also suggested that the Merai was really a part of the Government revenue which Was granted to the Swami for the upkeep of the Mutt.

(3.) The defendants denied the plaintiff s title and their liability to collect and pay the Merai to the Swami, and pleaded that they had never made any such payments before and that even if they had paid, such payments were merely voluntary. It is not necessary to refer to their other pleas, at present.