MAHALINGESHWARA DEVARU VS. SEETHARAMA BHATTA

( 1 ) THIS Second Appeal by the plaintiff is directed against the judgment and decree of the additional District Judge, South Kanara, in R. A. No. 13 of 1969 affirming the decree in O. S. No. 13 of 1967 on the file of the Principal Civil Judge, Udupi, South Kanara District. The suit was brought by the temple called "sree Mahalinge-shwara Devaru" of Havanje village, Udupi taluk for declaration of title in respect of the suit A and B schedule properties and for recovery of possession on the ground that the defendant who was an Archak of the temple failed to perform "archaka service" and has no right to remain in possession. The defendant has not been doing any "archaka service" since 1949-50 despite the demand from the temple authorities. The patta of the A Sch. properties stands exclusively in his name and patta of the B Sch. properties stands jointly in the name of the temple and the defendant. The said properties are comprised in warg Nos. 31 and 36. The case of the plaintiff was that the suit properties are 'uttara properties' of the temple and the defendant could remain in possession and take the income thereof so long as he performed

Click Here to Read the rest of this document