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2012 Supreme(Mad) 2680

High Court of Judicature at Madras
T. RAJA, J.
Sri Kakumani Audikesavulu Chetty's Charities, rep. by its President & Trustees & Others Versus
Sri Ranganathaswamy Temple rep. by its Executive Officer Chennai & Another
SECOND APPEAL NO. 51 OF 2006
Decided on : 28-06-2012

Advocates appeared:
For the Appellants:P.K. Sivasubramaniam, Advocate.
For the Respondents: Hema Sampath, SC. for R1 - S.D. Ramalingam, R2 – No appearance.

The main legal point established in the judgment is that the suit property was not a specific endowment and the suit filed beyond the limitation period was not maintainable under the Specific Relief Act.

Headnote:

Specific Endowment - Property Dispute - Hindu Religious and Charitable Endowments Act 1959, Specific Relief Act 1963 - The court analyzed the gift deed and will to determine the right of management and administration of the suit property. The court held that the suit property was not a specific endowment and the suit filed beyond the limitation period was not maintainable under the Specific Relief Act.

Fact of the Case:

The plaintiffs filed a suit for declaration of their right to manage a specific endowment attached to a temple. The defendants contended that the suit property was not a specific endowment and the suit was barred by limitation.

Finding of the Court:

The court found that the suit property was not a specific endowment and the suit filed beyond the limitation period was not maintainable under the Specific Relief Act.

Issues: The main issue was whether the suit property was a specific endowment and whether the suit was maintainable beyond the limitation period.

Ratio Decidendi: The court held that the suit property was not a specific endowment as per the gift deed and will. The suit filed beyond the limitation period was not maintainable under the Specific Relief Act.

Final Decision: The Second Appeal was dismissed, and the judgments of the courts below were confirmed.

Judgment :-

1. The present Second Appeal was brought by the unsuccessful plaintiffs-Sri Kakumani Audikesavulu Chetty's Charities, represented by its trustees against (i)Sri Ranganathaswamy Temple, rep.by its Executive Officer, 48, Mulla Sahib Street, Chennai-600 079, the first defendant; and (ii)Sakunthala Devi, Proprietrix of Fomra Sales Corporation, the second defendant, tenant, against the judgment and decree dated 24.1.2005 on the file of the I Additional Judge, City Civil Court, Chennai in A.S.No.184/2004 confirming the judgment and decree dated 31.03.2003 of the V Assistant Judge, City Civil Court, Chennai in O.S.No.320/1994.

2.(i) The plaintiffs/appellants herein have filed the suit (i) for a declaration that the plaintiffs are entitled to be in Management and administration of the house and ground bearing Old Door No.57, New No.4, Narayana Mudali Street, Sowcarpet, Madras 79 which is described as Vasantha Mandapam by way of specific endowment attached to the 1st defendant temple;(ii)for a direction to the defendants 1 and 2 and its Officers to deliver the vacant possession of the property set out in the schedule in the plaint; (iii)for a permanent injunction restraining the defendants 1 and 2 and their agents from in any manner interfering with the peaceful possession and enjoyment of the suit property; and (iv)for payment of costs of the suit.

(ii) The claim of the plaintiffs/appellants is that the suit property Vasantha Mandapam and land bearing Old Door No.57, New Door No.4, Narayana Mudali street, Sowcarpet, Madras-79 lying around the Vasantha Mandapam originally belonged to Sri Kakumani Raghavalu Chetty who executed the registered document dated 14.3.1885, bearing Document No.550/1885 in the office of the Registrar of Madras, showing that the Vasantha Mandapam and the land have been dedicated to the deity of Sri Ranganathaswamy in the first defendant's temple for the performance of Andal Utsavam and also for other Utsavams. Further, it was averred in the plaint that the Mandapam was constructed by Sri Raghavalu Chetty and dedicated as a specific endowment attached to Sri Ranganathaswamy Temple. The gift deed dated 14.3.1885 also has got a recital speaking that the Utsavams, Mandapa alangarams etc were being conducted by the founder-Raghavalu Chetty and his heirs. Whileso, Sri Raghavalu Chetty was performing the Andal Utsavam during his life time and after his death, his son Sri Kakumani Audikesavalu Chetty dedicated all his immovable properties in the City of Madras by his last will and testament dated 20.07.1913 duly probated in O.P.No.143/1913 on the file of the High Court of Judicature at Madras whereby the plaintiff trust was founded and they were directed to perform the Andal Utsavams and other Utsavams in Sri Ranganathaswamy temple Devasthanam. This is how the trustees of the specific endowment was created under the gift deed dated 14.3.1985 and the plaintiffs and the predecessors-in-office were in exclusive possession and enjoyment of the suit property from 1913. They have been performing the Andal Utsavam and other Utsavams by bringing the deity and keeping the same in the Vasantha Mandapam during Utsava period. The said Vasantha Mandapam is also known as "Vasantha Bungalow" and was enclosed by a compound wall on the road side and iron gates were installed in the front side and from the date of taking charge of all the trust property of the founder Sri Kakumani Audikesavulu Chetty, the trustees were in exclusive possession and enjoyment of the Vasantha Mandapam and making use of the same for Andal Utsavam and for other Utsavams in Sri Ranganathaswamy Temple. In the will dated 20.07.1913 it is mentioned that a sum of Rs.3,000/-per annum should be paid for conducting the charities including the utsavam in Sri Ranganathaswamy Temple. Accordingly, the trustees for the time being have been spending amounts on the increase scale of expenditure from year to year and during utsavam period, the deity was placed in

























































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