Antony Dominic, J.

1. Plaintiffs in O.S.108/98 on the file of the Sub Court, Pala are the appellants. They filed the suit for a declaration that the first plaintiff Devaswom is a public trust of religious and charitable nature and to frame a scheme in respect of the first plaintiff Devaswom for its administration and management. They also sought a declaration that the plaint schedule properties are of the first plaintiff and a decree for the removal of the defendants from the administration and management of the fist plaintiff Devaswom. Further, a permanent prohibitory injunction restraining the respondents from alienating the properties of the first plaintiff Devaswom or the movables kept in the Devaswom building was also sought for. By the judgment and decree under appeal, the suit was dismissed. It is aggrieved by this judgment and decree, this appeal is filed.

2. Among the various issues which were framed and considered, the main issues are whether the first plaintiff is a public religious trust dedicated to the public and whether the Kidangoor Sree Subrahmanya Swamy Temple is a public temple or is a private temple. Based on the conclusion of the Trial Court that the temple was never dedicated to the public as claimed by the plaintiffs, these issues were found against the plaintiffs. Relying on the finding on the above issues, the suit was dismissed.

3. The case of the plaintiffs is that Kidangoor Sree Subrahmanya Swamy Temple, (hereinafter, the ‘Temple’, for short) is situated on the shores of Meenachil river. It is averred in the plaint that the Temple is more than 3000 years old and according to the historians, Gouna Maharshi, a sage who was an ardent worshipper of Lord Balasubrahmanyan, had lived and died there. At that time, a temple for Lord Mahavishnu was being built at Kidangoor by Adiyodi Nair, a local chieftain, to beget children. It is stated that the construction of the temple and consecration of the idols were an act of penance for hanging an innocent man which was believed to have resulted in the extinction of male members in the Adiyodi family. Adiyodi Nair, it is stated, had a dream in which he was advised to install Balasubrahmanyan instead of Mahavishnu. Accordingly, idol of Lord Balasubrahmanyan was consecrated in the main structure in the south and the idol of Lord Vishnu was shifted to the structure in the north.

4. According to the plaintiffs, for the construction of the temple, artisans were summoned from far away places and during the course of the construction and afterwards, they had settled down in Kidangoor permanently and the description of the families of artisans is given in the plaint. According to the plaintiffs, like other members of the general public, they were also entitled to worship in the temple as of right. The plaintiffs also state that the consecration of the idol was done by the famous Tanthrikal of Tharananaloor Illom and the Santhi is a Purappeda Santhi and there is a Keeshsanthi to assist him. According to the plaintiffs, in order to assist in the performance of poojas and to otherwise attend to the various matters thereto, Sri.Adiyodi Nair had summoned Naranathu Moothathu, Chalackal Warriayar, Padinjaredath Pisharadi, Varrikkayil Santhi and others and that they, along with their family members, also settled down in Kidangoor. Further, it is sated that Sri.Adiyodi Nair entrusted different responsibilities to the members of these families.

5. It is also stated that since there were no Brahmins well versed in the vedas for chanting mantras, Sri.Adiyodi Nair summoned Brahmins well versed in the vedas from other places and properties were set apart for the residence of those Brahmins. It is stated that there were 14 such Brahmin families whose entitlement was only to chant vedas and mantras. It is stated that even during the inception of the temple, Hindu devotees of the locality were entitled to worship in the temple as of right. According to the plaintiffs, subsequently, A