SITHAMBARAM v. PALANIAPPA.

SITHAMBARAM v. PALANIAPPA.

D. C., Colombo, 16,768.

Voluntary association formed for worship of a god and for acquiring property to be dedicated to religious use-Dispute between members of the association- Refusal of one faction to permit the other to join in worship and administration of the property-Action for restoration of rights and injunction pendente lite-Delay of plaintiffs to come into court after rise of dispute.

Where a dispute arose between members of a voluntary association formed for the worship of a god and for acquiring property to be dedicated to the temple and for managing its affairs, and one faction was alleged to have refused in July, 1901, to permit the other to join in the worship and administration of the property belonging to the temple, and an action was raised in May, 1902, praying that the plaintiffs may be declared jointly with the defendants entitled to worship in the said temple and administer its affairs, and that an injunction may be allowed restraining the defendants and their agents and servants from impeding the plaintiffs and their agents and servants from entering and worshipping in the temple and administering its affairs, pending the decision of the case,-

Held, that the delay of the plaintiffs to come into court ten months after the rise of the dispute disentitled them to the ad interim injunction prayed for, so as to interfere before final decree with the course of the defendants' conduct.

ON the footing of the following plaint, instituted on the 6th May, 1902, the plaintiffs moved for an injunction against the defendants.

The plaint ran as follows: -

1. The plaintiffs and the defendants are residents at Sea street in Colombo within the local limits of the jurisdiction of this Court, and comprise all the members of the voluntary association of Nattu Kotte Chetties called Pudukovil Nagaram, which, has been in existence since the year 1850, and was formed with the object of perpetuating the worship, of the god Kadirasen, and acquiring movable and immovable property to be dedicated to religious use connected with the worship of the said god for the common benefit of the members of the said association.

2.  The two temples known as Pudu Kadirasen Kovil, situated at Sea street in Colombo and at Wellawatta, were built since the formation of the said association with moneys collected from the members of the said association, and by usage amongst them has been dedicated to, and used for the worship of, the said god.

3. Divers lands and houses at Wellawatta and at Sea street, as well as large quantities of gold and silver ornaments, have also from time to time been purchased with the moneys collected as afore said for the use and benefit of the said temples.

4. A gold and silver car, to be used in connection with the customary religious festivals that are from time to time celebrated at the said temples, has been recently purchased in India at a cost of Its. 80,(XX) with the moneys collected as aforesaid, and the said car is expected to arrive in Colombo shortly, when it is to be taken in solemn procession from the said temple at Sea street to the said temple at Wellawatte at the customary festival, which is to take place in the month of July next.

5. Since the acquisition of the said lands and the buildings of the said temples all the members of the said association have had, as they still have, the common right and privilege to worship at the said temples, and to join and to contribute to and to take an active part in all religious festivals in connection with the temples, and the right to be summoned to and to attend all meetings in Colombo in connection with the management of the affairs of the said temples, the investment and disposal of the funds of the said temples, the regulation of all matters connected with the preparation for and celebration of the aforesaid festivals, as well as all other matters and things relati

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