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1973 Supreme(Mad) 359

K.VEERASWAMI, VARADARAJAN
V. Raghavachari – Appellant
Versus
Narayana Iyengar – Respondent


Advocates:
P.C. Parthasarthy Iyengar, for Appellants; R. Gopalaswami Iyengar, for Respondent.

Judgement

K. VEERASWAMI, C.J. :- The plaintiffs bring this appeal under the Letters Patent on leave granted by Venkataraman, J. The learned Judge accepted the reversing judgement of the first appellate Court and dismissed their second appeal. The question turns on whether the suit site belongs to the temple of which the appellants claim to be de facto trustees, or to the old temple which no longer exists. In the village of Ulundai, there existed Sri Kariamanicka Perumal Temple. Its origin is not clear, but undoubtedly it had a hoary past. The temple had a Moolavar and an Utsavar, but, in course of time, the temple fell into ruins. The appellants claim that His Holiness Sri Sankaracharya of Kanchi Kamokotl Peetam advised that the villagers might establish a new temple at a new site, since the old site of the temple was in the backyard of residences. In view of this advice, the appellants. with the help of the villagers, constructed a temple at a new site and dedicated it to Sri Kariamanicka Perumal. The Utsavar idol in the old temple was recovered but not the Moolavar, A new Moolavar appears to have been installed. The respondent's father had donated the old site, and when the temple





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