GNANASAMBANDA PANDARA SANNADHI Vs. VELU PANDARAM

JUDGEMENT

(1.) THE suit in this case was brought by the respondent Velu Pandaram to establish his right to the management of an endowment connected with a temple in the Province of Madras and to the possession of the lands forming the endowment, either absolutely or jointly with the second respondent Chockalinga, and the only question in this appeal is whether the suit is barred by the law of limitation.

(2.) THE earliest document relating to the endowment is dated December 19, 1850, at which time the superintendence of it was vested in the Government. It is an agreement executed by Velu Pandaram, the grandfather of the respondent Velu, who is described as claimant to the endowment in question. It is addressed to the East India Company's Government, and states that in accordance with certain Government orders the lands attached to the endowment--which are specified- "having been delivered to my possession by Government and taken charge of by me, I shall conduct the cultivation and other affairs of the said lands from Fasli 1260, and use the income derived therefrom solely for the said temple."

(3.) IN 1863 the Government, then the Queen's, was engaged in divesting itself of direct responsibility for the superintendence of these religious institutions, and on October 31, 1863, an agreement was executed by the same Velu Pandaram and by Kuppa Pandaram, described as son of his elder brother, in which, after saying they are the claimants to the endowment and stating some assessments of lands belonging to it, it continues. "We shall from the current Fasli 1873 conduct properly the Pooja (worship), Naivethiam (offerings), etc., and of the temple with the said assessment amount, and also keep in the temple under our signatures a detail account of receipt and disbursements in respect of it, and pay in full the kaval revenue of the said lands to the Circar every Fasli." The former agreements were executed by Velu only, but it would appear from this last that the endowment had been held by the brothers as a joint family, and that Kuppa had succeeded as heir to his father's interest in it.