Judgement

Appeal from a decree of the High Court (February 14, 1902) affirming a decree of the Subordinate Judge of Madura (East) dated July 20, 1899.

The suit was brought by the Raj ah of Ranmad} as the hereditary trustee of the Hindu temple of Meenatchi Sundareswara, situate in the town of Kamudi, for a declaration that the members of the Shanar community are not en titled to enter the temple, and for an injunction restraining them from doing so and for a sum of Rs.2500 as damages. The defendants were Shanars and were sued as representing the whole community of Shanars, resident in or about Kamudi, under Civil Procedure Code, s. 30. The Defendants pleaded, inter alia, that the members of their community have a right to the use of the temple and to participate in the worship therein. The Subordinate Judge made the declaration and injunction prayed for and awarded Rs.500 as damages. On appeal the High Court affirmed the decree with costs.

The findings of the Subordinate Judge were as follows— (1.) That the Nadars were not a distinct and separate community from the Shanars, whose hereditary occupation was the cultivation of the palmyra tree and cocoanut palm, and the extraction and