Judgement

Appeal (No. 54 of 1924) from a decree of the High Court (November 8, 1922) varying a decree of the Subordinate Judge of South Kanara.

The appellant, in his capacity of head of the Admar Math, instituted a suit against the respondent, as representing the Sirur Math, to recover money borrowed by the respondents deceased predecessor in the office of head of the latter math.

The money had been borrowed towards the expenses of a periodic festival, which by ancient usage included the feeding of all Brahman pilgrims at a temple connected with the math, and for rebuilding the dining hall.

The facts appear fully from the judgment of the Judicial Committee.

Law. Rep. 54 Ind. App. 228 ( 1926- 1927) Vibhudapriya Thirtha Swamiar V. Lakshmindra Thirtha Swamiar 82

The Subordinate Judge held that the respondents math was liable, and made a decree accordingly.

An appeal to the High Court was allowed, and a decree made dismissing the suit as against the respondent representing the Sirur Math, and directing that the suit amount should be recovered from the personal assets (if any) of the late head of that math in the hands of the respondent.

Krishnan J. said that before the borrowing could