S.B.SINHA, J. - (1.) WHETHER right to manage a temple and/or shebaitship can be a subject- matter of testamentary succession is the question involved in this appeal, which arises out of a judgment and decree dated 9/8/2000 passed by a Division Bench of the High Court of Madras in L.P.A. No. 62 of 1991, affirming a judgment and decree dated 28/1/1991 passed by a learned Single Judge of the said Court in A.S. No. 661 of 1979.
(2.) A private family temple known as 'Pechiamman Temple' was founded by one Palanichamy Chettiar. The genealogical table of the said Palanichamy Chettiar is as under : JUDGEMENT_702_TLPRE0_2007Image1.jpg The founder of the trust dedicated properties for the maintenance of the temple and performance of Pujas consisting of four shop rooms in the front and a few residential buildings at the back of the temple. Disputes and differences having been arisen between the two branches of the family, Thangam son of Shanmugam filed a suit, which was marked as O.S. No. 9 of 1943. The said suit was decreed, relevant portion whereof reads as under : "Clause (iii) : That the C schedule properties be managed in turns between the Plaintiff and the Second Defendant on the one hand and Defendants 1 and 3 to 9 on the other, each branch for a period of two years. Clause (iv) : That the said two branches also be in possession during their term of management of the temple jewels mentioned as items 1 to 6 at page 13 of the first Defendant's written statement (specified hereunder) in addition to amend as per order in I.A. No. 375 of 1944 dated 15.04.1944) the bronze Soodam, thattu with Kalias referred tol in the same page of the written statement." The said decree has attained finality, pursuant whereto the branch of Shanmugam became entitled to a right of term of management for a period of two years. On or about 04.07.1956, L.P. Lakshmanan Chettiar and his two sons, however, entered into a partition deed for division of their properties including the terms of management of the suit temple and its properties. It was agreed that Lakshmanan Chettiar himself shall hold the posts of pujari as well as trustee for two years, whereas his two sons shall hold the same for a period of eight months each.
(3.) IN respect of the properties in question, it was averred : "No. 1 and 2 party shall hold, possess and enjoy the rent and income derived from the C Schedule property." Lakshmanan Chettiar executed a will on or about 24/5/1962 bequeathing his share in favour of his son Chellam. He died on or about 10/4/1973. It is not in dispute that after the death of Lakshmanan Chettiar, Chellam had been acting as a Pujari as also a trustee for a period of sixteen months and Shanmugam and his sons had been managing the said properties for a period of eight months. Chellam died on 10/2/1980, leaving behind Respondent No.1 herein as his heir and legal representative. Shanmugam also appears to have executed a will in favour of his sons.;