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1944 Supreme(Mad) 301

SOMAYYA
The Goundars of Vilangathur village represented by Velayudha Goundan – Appellant
Versus
The Udayars of Vilangathur village represented by Ponnuswami Udayar – Respondent


JUDGMENT

Somayya, J.

1. This is a case in which the Subordinate Judge has allowed questions which ought never to have been allowed. The suit was by the Vannia or Goundar community to have certain processions and worship carried out in the usual manner: and for restraining the defendants from interfering with the plaintiffs in their worship. The plaint is a very simple one. It sets out that in this village of Vilangathur there were eighty houses out of which the Vannias live in about forty houses, while the other communities including the Odayars live in the remaining houses, that the villagers used to perform festivals to all the deities in the village other than the Perumal temple once a year between the months of February-March and August-September. Each of the festivals lasts about 7 to 10 days and various details are given as to how the festivals were being conducted. Then paragraph 7 says that till about July-August 1937, the members of both the communities were offering worship to the deities and also conducting the utsavams in concord and amity, and that there were also years in which the two communities performed such worship separately. In July August, 1937 an attempt was ma



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