Judgement

Consolidated Appeals from a judgment and decree (December 15, 1918) of the High Court affirming a decree and reversing another decree, both dated March 31, 1913, of the

temporary Subordinate Judge of Ramnad.

The litigation related to the Tiruvannamalai Mutt situate in the district of Madura, and certain dependent devastanams or temples. The present appeal arose out of a suit (No. 1 of 1905) against the present appellant Nataraja and two others claiming a declaration that none of the defendants was a lawful trustee of the mutt or the devastanams, and a second suit (No. 2 of 1905) brought by other plaintiffs against Nataraja and another claiming a declaration that neither appellant was the lawful trustee of the devastanams. The suits were instituted under s. 539 of the Code of Civil Procedure.

The District Judge who tried the suits held upon the authorities that the pandara sannidhi as head of the mutt was not a trustee of the mutt properties and that s. 539 did not apply. On this ground, and without recording any evidence, he dismissed both suits ; in suit No. 2 he held that so long as Nataraja was head of the mutt he was by its usage the rightful dharmakarta of the temple