T S MURUGESAM PILLAI Vs. MANICKAVASAKA DESIKA

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Madras, dated the 18th January, 1910, which reversed a decree of the Court of the Subordinate Judge of Mayavaram, dated the 6th November, 1907.

(2.) The object of the suit is for the recovery of monies advanced under mortgage, and, in the event of default, for the sale of the hypothecated properties. The properties were those of the mutt, to be presently mentioned. The defence in substance is, that the loan over these properties, although granted by the head of the institution, was not granted in respect of any necessity of the mutt itself, which necessity falls to be proved.

(3.) The Dharmapurm Adhinam, or mutt is situated in the Madras Presidency. It is one of some importance, being a religious institution consisting of a group of religious houses, having various temples and other property and endowments yielding a considerable revenue. The head of the institution is known as the Pandara Sannadhi. The transactions which form the subject of enquiry cover a period from about 1880 to the date of the suit, that is, a period of over a quarter of a century.