MADDELA NAGABHUSHANAM Vs. VELAMPALLI SUBBARAYUDU

JUDGEMENT

(1.) This appeal is by the respondents in I.A. No. 1493 ?f ig43 in O.S. No. 17 of 1923 on the file of the Subordinate Judge's Court, Bapatla. That was a suit for framing a scheme for the administration of the temple of Sri Chennakesavaswami Varu of Santhanuthalapadu village. By the decree in that suit a scheme was framed, the material clause of which for the purpose of this appeal is Clause 8 which runs as follows: The trust properties in the enjoyment of the service holders of the suit temple shall be continued in the possession of the respective service holders so long as they are in office rendering approved and satisfactory service. The various service holders shall be subject to the control of the Board of the trustees appointed under the scheme but are liable to be dismissed from office only by the Court on application there to by the trustees and on proof of misconduct and on such dismissal the properties in their possession shall revert to the trust.

(2.) Defendants 27 to 28 in the suit were certain devadasi service holders. At the time when the decree was passed, defendants 27 to 34 and 36 to 38 and their vakils were absent, while the 35 defendant never made his appearance during the suit. The decree was in terms of a memorandum of compromise signed by the plaintiffs and several of the other defendants. The decree recites that some of the defendants alone were consenting parties to the scheme which was being framed. It also mentions that defendants 27 to 38 were not parties to the memorandum of compromise. We are unable to accept the argument addressed on behalf of the appellants in the above civil miscellaneous appeal who represent the interests of defendants 27 to 38 in the suit that the decree and in particular Clause (8) thereof is not binding on them because they had not consented to such a decree being passed. So far as these defendants were concerned, it was an ex parte decree and there is no reason therefore why it should not be enforceable against them.

(3.) In respect of devadasi service lands, the Madras Legislature passed Act V of 1929. The preamble to that Act recites that It is expedient to put an end to the present practice of dedication of young girls as devadasis for service in Hindu temples in the Presidency of Madras and that the enfranchisement or freeing of lands held by them on condition of service in the said temples from such condition will be effective steps in doing so.