JUDGMENT.-The defendant in O.S. No-115 of 1972 on the file of the Court of the District Munsif of Pudukottai has preferred this second appeal against the reversing judgment of the District Judge of Pudukottai in A.S. No. 253 of 1974. The suit relates to the performance of the annual Gurupuja festival and customary functions of Sri Suruli Andavar in the village of Vadugapatti.

2. The case of the respondent Sangham, who is the plaintiff, was that one Suruli Andavar Swamigal, who was known in his purvasramam as Palaniandia Pillai was a noble and eminent saint and had a lot of devotees and worshippers before he attained samadhi. Suruli Andavar Swamigal was a bachelor and after he attained mukthi, his followers and worshippers built a samadhi for him at Vadugapatti in Kulathur taluk about thirty-five years ago. A lingam was installed over the samadhi. On one side of the samadhi a Vinayakar temple has been built and on the other side the sacred Vel of Lord Subramania has been installed. Ever since the construction of the samadhi, the Gurupuja for Sri Suruli Andavar was being performed on a grand scale by a large section of the public who constituted bis devotees and worshippers. It was the respondent Sangham which had been organising and celebrating the Gurupuja for the last thirty-five years, the annual Gurupuja being done every year on the day of his attaining mukthi, viz., Mast Visakham. Besides, monthly Gurupujas were also being done. A hundial has been installed in the precincts of the temple and the public who come to worship in the temple as of right deposit their contributions therein and those offerings are made use of to conduct the Gurupuja as well as the nithya puja and festivals. During the festival there would be manjal-neerattu, religious and cultural discourses, karagam dance and other festival plays as well as nadaswaram and other music performances. While this was the settled state of affairs, during the year 1971, an attempt was made by the appellant(defendant) to disturb and obstruct the celebration of the festival by the respondent Sangham and the members of the public. The nefarious attempt of the appellant was successfully contained by the respondent seeking the aid of the police and the revenue authorities and the respondent was able to perform the Gurupuja and the attendant festivals peacefully. For all the collections realised and expenses incurred by the respondent for the performance of Gurupuja and the four day festival at that time, the respondent has been maintaining detailed accounts. Notwithstanding these things , the appellant and her son, once again, started resorting to their obstructive tactics when the respondent was planning to conduct the Gurupuja festival during the month of March, 1972. To put an end to the periodical interference by the appellant and to ensute the smooth conduct of the festival, the respondent came forward with the suit, O.S. No. 115 of 1972, and prayed therein for a declaration of its right to perform the annual Gurupuja festival of Sri Suruli Andavar and for a permanent injunction, by way of consequential relief, to restrain the appellant and her men, agents etc., from, in any way, interfering with the celebration of the annual festival and customary functions.

3. The appellant, who claims to be the daughter of Sri Suruli Andavar through his wife, one Muniammal, resisted the suit and contended that her mother and she had been conducting the Gurupuja at the samadhi all along and after the death of her mother, she was alone arranging for the performance of the annual Gurupuja. It was her further case that the properties of her father. Palaniandia Pillai, who later became the Swamiji, including the samadhi and its adjuncts, had been inherited by her as the sole surviving member of the family and therefore, she alone was entitled to manage the affairs of the samadhi and conduct the Gurupuja. The claim of the respondent that it had been conducting the Gurupuja for over thirty-fi

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