Appeal filed against order in suit if maintainable.

Thangamani, J.

Sri Thiyagarajaswami Temple of Tiruvarur is a very ancient one in Southern India. In the temple Pooja or worship has to be done almost throughout the day. There are daily services, the extraordinary services prescribed for a particular week and a particular month and the celebration of the annual festivals. The daily services are 6 in number spread over the day from morning to midnight. There are forms and rituals to be observed with regard to the several services of the day, the weekly, the monthly and extraordinary services and celebration of festivals. The peculiar features of the temple is that apart from an allowance called ‘the Mohini allowance, ‘there is no other property which can now be said to be devoted for its general purpose. There are, however, a number of specific endowments or Katalais relating to the various services in the temple, its festivals and for conducting several charities in glorification of the pagoda of Sri Thiyagarajaswami. The main object of the several Kattalis seems to be to keep the services and the festivals going and to have everything tidy and orderly within the precincts of the temple and to enable the various duties within the temple to be performed regularly and punctually. Each Kattalai has its own Trustee and separate properties are endowed in connection with each Kattalai. There are thirteen of such Kattalais. The most important of them are four viz., Ulthurai Kattalai, Abhisheka Kattalai, Annadhana Kattalai and Rajan Kattalai. It is not known when and by whom properties have been endowed for these Kattalais, It is claimed that the endowments were made by the Native Rulers who reigned Thanjavur before the advent of British Rule. The management of each of these Kattalais is vested in a certain Trustee or Trustees hereditarily. The trusteeship of Rajan Kattalai vests in the Head of the Dharmapuram Mutt who is the appellant in A.S.Nos.647 and 648 of 1993 herein. The trusteeship of the Abhisheka Kattalai and Annadhana Kattalai is vested in the Head of the Velukurichi Mutt in Tirunelveli District, the present appellant in A.S.No.176 of 1984 before us. With regard to the services connected with Rajan Kattalai, the Head of Dharmapuram Mutt generally functions through a deputy known as, Kattalai Thambiran.

2. Though technically speaking the temple has no income of its own and has to depend for all its services on the proper performance of the trusts connected with the Kattalais, still for all practical purposes the Ulthurai Kattalai represents the temple proper-its object being the internal management of the temple. Mohini allowance is the only source of income for this Kattalai. The other Kattalais contribute their share of services or things in the various stages of the daily worship and in the various festivals of the temple. The extent of their liability is determined by usage and is ascertained from the dhittam prepared by each Kattalai, in connection with the daily worship and festivals. Admittedly the several Kattalais came into existence at different times and have been managed separately for a long time, probably for centuries. Certain copper plate grants by which some of the lands of the Rajan Kattalai were endowed are available. The trustees of some Kattalais have added to be originally endowed lands by further purchases, out of the savings from their income.

3. It was not possible to trace the history of the temple beyond the year 1800. It was probably then under the control of the Raja of Thanjavur. From 1800 to 1847 the temple seems to have been under the control of the Government, the properties having been managed by the Government itself. In the year 1817 Kattalai administration was taken over by the British Government along with administration of all temples. In 1847, when the Government withdrew themselves from the management of religious institutions of the Hindus, the institution, including the several Kattalais, seems to have been handed over t