C R PALANIDOSS Vs. S ARUMUGHAM

JUDGEMENT

(1.) THE suit is for declaration, injunction, delivery and possession.

(2.) THE plaint averments are as follows: One Subbammal, W/o. Appavoo Chettiar dedicated the suit properties for performance of "pradosha kattalai", "thiruvilakku" and "vasthram" during the "dwajarohanan", for the first plaintiff-temple, and for uthsavam and uchikala pooja , for the sixth plaintiff (originally the 12 th defendant). Executors were appointed under the said Will. THEy erected a silasasanam in "A" Schedule property. THE properties have been absolutely dedicated for performance of the obligations mentioned in the Will. THE executors were in management of the specific endowment and after their demise Kothandaramaswamy Chettiar, the first defendant in C.S.No.107 of 1970 was in management of the properties and also performing the pradosha uthsavam'. THE plaintiffs were not in management of the properties. THE family members of Kothandaramaswamy Chettiar filed C.S.No.107 of 1970 for partition of "A" Schedule property. A preliminary decree was passed. An application for final decree was also made. In the final decree proceedings, "A" Schedule property was brought to sale. THE plaintiffs seeing the auction notice made enquiries and found on the basis of the inscription that the properties had been absolutely endowed by way of specific endowment and that the suit properties are inalienable and there can be no partition suppressing the dedication. THE plaintiffs in C.S.No.107 of 1970 were well aware of the dedication. THE defendant Nos. 1 to 11 are the parties in C.S.No.107 of 1970 and after fixing the upset price at Rs.21,81,579 they intend to divide the sale proceeds without having any manner of right and are making an attempt to remove the silasasanam fixed in the property as there are no other document to show dedication to the plaintiff. Since the property had been dedicated to the plaintiffs they prayed for a declaration that the "A" Schedule property is absolutely dedicated for performance of the religious charity in plaintiff Nos.1 and 6 temples; for permanent injunction restraining the defendants from bringing the "A" Schedule property to sell by public auction; for delivery of possession of the property mentioned in A and B herein and for co sts.

(3.) THE following issues were framed: "(1) Whether the suit property has been absolutely dedicated for performance of Religious Charities in Sri Muthukumarasamy Devasthanam and Mallikeswarar Temple" (2) Whether the plaintiff is entitled to possession" (3) Whether the dedication by a Silasasanam is true and valid" (4) Whether the ancestors of the defendants particularly Mr. Kothandarama Chettiar was in management of the property as trustees of Specific Endowment" (5) Whether the suit is barred by limitation" (6) Whether the suit is bad for non-joinder of parties" (7) Whether the suit property set out in "A" Schedule was sold to discharge the mortgaged debts of the testatrix Subbammal under the Will dated 15.6.1854" (8) To what relief the plaintiff is entitled to""