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S. SOUNTHAR
Subramania Pattar – Appellant
Versus
Arunachalam – Respondent
JUDGMENT :
S. Sounthar, J.
[PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 08.03.2008, passed in A.S.No.29 of 2007 on the file of Sub-Court, Sankarankoil, confirming the judgment and decree, dated 21.12.2006, passed in O.S.No.352 of 2005 on the file of Principal District Munsif Court, Sankarankoil.]
The plaintiffs in the suit are the appellants. The suit was for declaration that the plaintiffs were entitled to perform poojas in the suit temple as per the suit schedule and for consequential injunction restraining the defendants from interfering with the said right. The suit was dismissed by the trial Court and the findings of the trial Court were affirmed by the first appellate court. Aggrieved by the concurrent findings, the plaintiffs are before this Court.
2. According to the plaintiffs, the poojas at Arul Migu Sankaranarayana Temple at Sankarankoil had been performed by 9 families and the first plaintiff's father-in-law and second plaintiff's father - Sankara Pattar was one among such family members. The said Sankara Pattar died 50 years ago, leaving behind his wife - Maragatha Ammal, daughter second plaintiff,
The amendment to Section 56 of the Tamil Nadu Act abolishes hereditary priesthood, affecting claims to perform pooja based on lineage.
The main legal point established in the judgment is that in a dispute over temple rights, the courts may determine the issue of title in a suit for injunction if the matter involved is simple and str....
Civil courts cannot adjudicate matters related to poojariship and associated rights, which fall under the jurisdiction of the Joint Commissioner as per the HR & CE Act.
The Supreme Court upheld the concurrent findings of lower courts affirming the hereditary pujari rights of the plaintiffs based on consistent evidence and admissions, emphasizing restrictive interven....
A temporary injunction requires a prima facie case and cannot be granted without substantial evidence, particularly in suits lacking a declaration of rights.
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