1977 Supreme(Mad) 232
V.SETHURAMAN
Mookka Velar – Appellant
Versus
Baluchami and others – Respondent
Advocates:
A. Ramanathan and E. Padmanabhan, for Appellant.
T.R. Srinivasan and K. Ramamoorthy, for Respondents.
Judgment:-The appellant is the defendant in O.S.No.445 of 1973 on the file of the Court of the District Munsif, Paramakudi. The plaintiffs filed the suit for a permanent injunction restraining the defendant from interfering with the rights of the plaintiffs to be in joint management of the suit trust as joint hereditary trustees. The plaintiffs are three in number. The suit temple is known as “Vazhivitta Ayyanarswami Koil”. According to the plainiffs, it was a private temple founded by the ancestors of the plaintiffs during the 17th century and the properties were also endowed by the founden for the maintenance of the said temple. A trust was founded for the management of the said temple and its properties. After the death of the founder, his heirs were said to have been in management by hereditary succession as per the rule of primogeniture. The plaintiffs and the defendant are the descendants of the original founder. According to the plaintiffs, they have been the hereditary trustees of the said trust and they have been in joint nanagement of the said temple as hereditary trustees. They claimed that in several Court proceedings, their right to manage the temple as joint trustees
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