B RAGHAVENDRA ROW Vs. VOBIAH

JUDGEMENT

(1.) This appeal arises out of a suit filed by the temple committee of Kudligi for a declaration that the suit temple, which they say was called Hude Kampli Devaru, is subject to the control of the plaintiffs, for directing the defendants to return to the manager, who they allege was appointed by them, the properties of the temple, for accounts and other reliefs. The contesting defendants deny the plaintiffs claim. Their case was that Kampli Devaru had no temple, that they had no concern with Kampli Devaru temple at Hude and the inam, that the right of appointing the pujari is in Mesa Naiks, that Kampli Devaru idol is permanently in Mysore territory and that the Court has no jurisdiction.

(2.) The suit was instituted in 1911. It came up twice to the High Court as the suit was decided on preliminary questions. The Subordinate judge who tried the suit after both orders of remand has found that the Kampli Devaru is a Narasimha sali-grama image which is the deity of the Mesa Naik caste, that it has no permanent shrine, that it is always on tour and that it has a temple and inam at Hude. He finds that the temple committee has or had no jurisdiction over this temple, that the temple was never under the control of the Board of Revenue and that the power of appointment of trustees was at least from 1800 to 1890 exercised by the Mysore Government and that no Dharma-karta was ever appointed or confirmed by the Board of Revenue, and dismissed the suit. Hence the appeal.

(3.) It is clear from the evidence that in 1810 the previous trustee or pujari was dismissed by the Dewan of Mysore and a fresh trustee was appointed. The order of the Dewan is on page 30, Ex. P. (Printed documents in Appeal No. 186 of 1914). It refers to the dismissal of the first pujari's grandson, Dosa Gopaya and the appointment of Dasaya. Then it proceeds as follows: In future if to instal the patta of Gosi God, Kampli God or any other God they should come and inform you as well as the sircar of it; a Hachadu and Paga should be presented from the sircar and when the relatives come and inform, you should have the patta installed; when you instal patta, you shall receive the najar usually payable therefor by them to the sircar. When making the patta installation, careful enquiry should be held in the presence of respectable persons of the place and after a decision in Hachadu and Paga should be presented from the sircar and the patta should be conferred.