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1919 Supreme(Mad) 324

IN THE HIGH COURT OF MARAS
A Rahim, W Ayling
Veeramachaneni Ramaswamy
Versus
Soma Pitohayya And Ors.
Decided On : 27 November, 1919

Headnote:

Declaratory Suit - Worshippers of a Temple - Suit for Declaration of Invalid Lease

Fact of the Case:

The question was whether worshippers of a temple could bring a suit for the declaration that a permanent lease granted to the defendants, who are Archakas in possession of the property, is invalid under Order I, Rule 8 of the Code of Civil Procedure.

Finding of the Court:

The court found that the suit was maintainable, citing precedents and ruling that Section 42 of the Specific Relief Act is not exhaustive of cases in which declaratory suits may be maintained.

Issues: The main issue was whether the suit for a declaration by the worshippers of a temple was maintainable under Order I, Rule 8 of the Code of Civil Procedure.

Ratio Decidendi: The court relied on precedents and held that the suit was maintainable, even though the question of whether it fell within the provisions of Section 42 of the Specific Relief Act was not raised.

Final Decision: The court held that the suit for a declaration by the worshippers of a temple was maintainable.

JUDGMENT

1. The question is whether the worshippers of a temple can bring a suit for the declaration that a permanent lease granted to the defendants, who are Archakas in possession of the property, is invalid under Order I, Rule 8 of the Code of Civil Procedure.

2. The objection urged by the appellants is that a suit for a declaration must conform to the terms of Section 42 of the Specific Relief Act, and since the worshippers as a body or their representatives under Order I, Rule 8, cannot be said to have any right as to property within the meaning of Section 42 of the Specific Relief Act, the suit is not maintainable. No authority has been cited for the appellants in support of this proposition ; on the other hand the ruling of the Privy Counsel in Robert Fischer v. Secretary of State for India 22 M. 270 : 3 C.W.N. 161 : 26 I.A. 16 : 7 Sar. P.C.J. 459 : 8 Ind. Dec (N.S.) 192 (P.C.) suggests that Section 42 of the Specific Relief Act is not exhaustive of cases in which declaratory suits may be maintained, and it was held by a Full Bench of this Court in Kalyana Venkataramana Aiyangar v. Kasturi Ranga Aiyangar 38 Ind. Cas. 73 : 40 M. 212 : 31 M.L.J. 777 : 20 M.L.T. 490 : 5 L.W. 625 : (1917) M.W.N. 400 that such a suit as this is maintainable, though the question whether it same within the provisions of Section 42,Specific Relief Act, was not raised then. There is also a ruling of this Court Chidambaranatha Thambiran v. Nallasiva Mudaliar 42 Ind. Cas. 366 : 41 M. 124 : 32 M.L.J. 357 : 22 M.L.T. 218 : 6 L.W. 666, where a suit by the disciples of a mutt was held to be maintainable under Order I, Rule 8, for a declaration as to the invalidity of an alienation of the mutt property. We hold that the suit was maintainable.

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