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1970 Supreme(Mad) 349

G.RAMANUJAM
S. Rangayya Goundar (died) – Appellant
Versus
Karuppa Naicker – Respondent


Advocates:
T. Somasundaram, for Petitioners.
P.C. Parthasarathy, for Respondents.

ORDER.-

The above revision has been filed against the order of the lower Court dated 20th December, 1969 in O.S. No. 1022 of 1966 finding preliminary Issues 5 and 6 against the defendants and holding that the suit as framed is maintainable in the civil Court. 2. The facts giving rise to this revision may be briefly set out. The plaintiffs as the descendants and great grandsons of Karuppa Naicker and Mari Naicker filed the above suit in a representative capacity for a declaration that they are alone entitled to celebrate the annual festival in the suit temple which was to commence on 22nd December, 1966, and for an injunction restraining the defendants representing the Nattu Goundars of the village in which the temple is situate and other neighbouring villages from interfering with the plaintiffs’ celebrating the festival. The said relief was claimed by the plaintiffs on the basis that the suit temple is an ancient temple, that originally their ancestors, Karuppa Naicker and Mari Naicker, were the hereditary poojaris and trustees, that after their death the trusteeship and poojariship vested always with the family of the said Karuppa Naicker and Mari Naicker, that the temple has got
















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