R.SUBBIAH, J.,

1. This Review Application has been filed to review the judgment (29.04.2003) made in L.P.A.No.80 of 1998 pursuant to an observation made by the Hon'ble Supreme Court in S.L.P.(Civil)No.No.9764/2003 to approach this Court by way of review petition.

2. Review Applicants are plaintiffs and respondents 1 to 4 herein are defendants before the Trial Court. For easy reference, parties are hereinafter referred to as arrayed in the original suit.

3. The brief facts, which are necessary to decide the issue involved in the Review Application, are as follows:

(a) Plaintiffs filed a suit in O.S.No.396 of 1993 on the file of Additional Sub Court, Dindigul, against defendants for

(a) declaring that suit Church and properties described in the Schedule belong to entire Catholic Public of Vakampatti in Dindigul Taluk;

(b) in consequence thereof, granting a permanent injunction restraining defendants 2 to 4 from in any way interfering with the management and administration of suit Church and its properties by plaintiffs as Trustees and for removing 1st defendant from Trusteeship and directing him to deliver the management of Church and its properties to the plaintiffs;

(c) directing 1st defendant to render the accounts of income and expenditure of Church and its properties for the period of his management from the time he had assumed Trusteeship;

(d) directing 1st defendant to pay Rs.40,000/- being the amount spent by 1st plaintiff for construction and reclamation of the Church out of the income from the Church;

(b) According to plaintiffs, the St.Mary Magdalin Church at Vakampatti was constructed in the Village Natham more than 200 years ago by the Catholic Pubic of Vakampatti by collecting donations and taxes from the public and by contributing their physical labour. Thus, the Church was construed by entire Catholic Public of Vakampatti under the supervision of Nattamai’s and Periyathanams. For proper administration of Church and its property donated to the Church by the Catholic, a Committee of five members headed by Katianni C.Savarimuthu, father of 1st plaintiff was formed even 90 years prior to the institution of suit. The Parish Priest of N.Panchampatti, which is the nearest Church, had been invited by the people to perform the prayer in the Church on every Sunday and on all festival occasions. The Priest used to receive the amount paid by worshippers out of love and respect towards the Priest. Neither the Parish Priest of N.Panchampatti nor his superiors in Dindigul or Trichy had any right or control over the Church. Out of five members of Committee, three Trustees were appointed by public and the office of the Trusteeship had been made hereditary. Originally, C.Savarimuthu, father of 1st plaintiff, K.S.Mariasanthanam, father of 1st defendant and one A.Savarimuthu were the three Trustees of Church. One of the three would be the Managing Trustee and look after the entire management and accounts for one year and thus, each one of the three Trustees would become the Managing Trustee for one year by turn system. Thus, as per the long and continued usage of the institution, the Management vested on the Trustees of the Committee. The main festival of St.Mary Magdalin Church takes place from 18th July to 22nd July every year and after the festival, on 23rd of July, the accounts would be settled and the management would change.

(c) At present, plaintiffs and 1st defendant are the three Trustees in management of the Church and its properties. The other two committee members are S.Arockiaraj and A.Isaki. For the year 1992-93, which ends by 23rd July 1993, 1st defendant is the Managing Trustee. While the 1st plaintiff was in management for the year 1988-89, he constructed the temple car shed at the cost of Rs.10,000/-and again when he assumed the management in the year 1991-92, he effected repairs to the Church and painted the Church building. For all the renovation and construction works, the 1st plaintiff had spent R