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1974 Supreme(Mad) 74

P.S.KAILASAM, MAHARAJAN
Ganesamuthuriar – Appellant
Versus
Idols of Sri Sappani Karuppuswami – Respondent


Advocates:
S. Sitarama Iyer and S. Rajarama Iyer, for Appellants, S. Thyagaraja Iyer, for Respondents.

Judgement

MAHARAJAN, J. :- This letters patent appeal is directed against the judgment of Palaniswamy, J. and arises under the following circumstances. One Samiyadi Pichai claiming to be the trustee of a temple of five deities (Sri Sappanikarppuswami, Sri Naruveli Karuppuswami, Sri Nagappaswami, Sri Marudaiveeraswami and Sri Sannasiswami) sued the appellants, who were the defendants 1 and 2 in the trial Court, for a declaration that he is the trustee of the temple and for recovery of possession of the plaint mentioned land, measuring one acre two cents, from the appellants and in the alternative, for rendition of accounts. This suit was resisted by the appellants on several grounds. The trial court held that Pichai is the trustee of the temple, but that he was not entitled to possession by virtue of a decision in O. S. No. 119 of 1932. It, however, granted a decree declaring the title of Pichai as trustee and directing the defendants to render accounts in respect of a specific temple Kattalai, of which the defendants were the trustees. On appeal, the District Judge of Tiruchirapalli concurred with the trial court and confirmed the decree granted by the trial court. Then the defendan

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