JUDGMENT

(Prayer: Appeal filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 29.04.2013 in O.S.No.82 of 2011 on the file of the III-Additional District Judge, Tiruchirappalli.)

K.K. Ramakrishnan, J.

The plaintiff temple is the appellant before this Court challenging the judgment and consolidated decree dated 29.04.2013 passed in O.S.No.82 of 2011 by the learned III-Additional District Judge, Tiruchirappalli, comprising the dismissal of the suit filed by the temple as well as the partly decreed portion of counter claim filed by the first respondent herein.

2. The plaintiff temple filed a suit in O.S.No.82 of 2011 on the file of learned III Additional District Judge, Tiruchirappalli, seeking the relief of

(i) recovery of possession of the suit schedule properties ;

(ii) declaring the compromise decree obtained in O.S.No.319 of 2007 by the first respondent on the file of the learned District Munsif, Kulithalai is illegal and void and will not bind the plaintiff idol;

(iii) declaring the alienation made by the first respondent in favour of the second and third respondents are illegal; and

(iv) directing the respondents to pay the future profits from the date of the plaint till the date delivery of the possession of the properties.

3. It is averred in the plaint that the plaintiff idol is the absolute owner of the suit schedule property and one Mr.Ramasamy Rao executed vyvastha document dated 17.11.1864 and he absolutely dedicated the income of the suit schedule properties for two charities, one is distribution of Panagam and Vadaparuppu during Pagal and Rapathu festival at Four Pillars Mandapam, Naalukettan Entrance in the planitiff temple during the ''Vaigunda Egadasi Festival'' day and also perform the ''Ashtothra Archana'' daily to the plaintiff idol. The said suit schedule properties are purchased only for doing the said charities and specifically directed his son-in-law to obligate the said ''Dharmam'' activities till the majority of his grandsons, namely, Ramachandra Rao and Narayana Rao. While so, the descendants of the said grandsons, after their life time, committed mismanagement of the said properties and hence complaint was made to the Deputy Commissioner, HR& CE which resulted into filing of O.A.No.95 of 1954 filed by the said descendants of grandsons under sections 57 (f) & (g) of the Old Madras Hindu Religious & Charitable Endowments Act, 1951 (herein after called “Old Act’ 1951”) to determine the nature of endowments. The Deputy Commissioner was declared the above charities of distribution of Panagam and Vadaparuppu during Pagal and Rapathu festival at Four Pillars Mandapam, Naalukettan Entrance in the planitiff temple during the ''Vaigunda Egadasi Festival'' day and also perform the ''Ashtothra Archana'' daily to the plaintiff idol as religious charities apart from declaring some other charities, which are not connected with the present suit. The descendants were preferred the appeal against the same in A.P.No.127 of 1955 before the Commissioner, HR&CE Department and he also confirmed the order of the Deputy Commissioner, HR&CE Department.

4. So, the descendants filed a statutory suit in O.S.No.72 of 1956 on the file of the learned Sub Court, Tiruchirappalli, to set aside the above orders of the Commissioner as well as the Deputy Commissioner of HR & CE Department. The learned trial Judge, after considering the evidence and documents, declared that distribution of Panagam and Vadaparuppu during Pagal and Rapathu festival at Four Pillars Mandapam, Naalukettan Entrance in the plaintiff temple during the Vaigunda Egadasi Festival day and also perform the ''Ashtothra Archana'' daily to the plaintiff idol are religious charities and also declared some of the other endowments as religious charities and some of them as private charities. Aggrieved over the same, appeal suit in A.S.No.216 of 1959 was filed before this Cou