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1965 Supreme(Mad) 454

K.VEERASWAMI
Chinnathambi Mooppan – Appellant
Versus
Mamundi Mooppan – Respondent


Advocates:
R. Rangachari, for Petitioners.
M. V. Krishnan, for 1st Respondent.
T. M. Chinnayya Pillai, for 2nd Respondent.

Order.-

This Civil Revision by the plaintiffs in the suit is directed against an order of the learned District Judge of Tiruchirappalli, who accepted an order of the trial Court returning the plaint on the view that the suit would not be maintainable in view of section 63(e) of the Madras Hindu Religious and Charitable Endowments Act, 1959. The plaintiffs, who sued for themselves and for certain villagers, claimed that the right of doing Moopu service in the Mariyamman temple at Samayapuram vests in the pallars of three main villages, namely, (1) V. Thuraiyur,(2) Mahalikudi (Narasingamangalam forming part of Mahalikudi) and (3) Marudur. The service is said to consist of cleaning the streets, guiding the temple car and doing other miscellaneous work. For these services, emoluments are provided. There is a Nandavanam, for which the patta stands in the name of the pallars of the Villages. Service, for the purpose of convenience, was rendered by pallars in turns of one year. As per the arrangements made between pallars of the villages, the right to do Moopu service from 1960 to 1961 vested in the pallars of V. Thuraiyur. Every year the villagers have got a right in turn to appoint one o










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