JUDGMENT

S.B. SINHA, J.—

1.Whether right to manage a temple and/or shebaitship can be a subject matter of testamentary succession is the question involved in this appeal, which arises out of a judgment and decree dated 09.08.2000 passed by a Division Bench of the High Court of Madras in L.P.A. No. 62 of 1991, affirming a judgment and decree dated 28.01.1991 passed by a learned Single Judge of the said Court in A.S. No. 661 of 1979.

2.A private family temple known as ‘Pechiamman Temple’ was founded by one Palanichamy Chettiar. The genealogical table of the said Palanichamy Chettiar is as under :

PALANICHAMI CHETTIAR

L.P. Lakshmanan ChettiarShanmugam @ Palanichami Chettiar

|Thangam @ Palanichami ChettiarShanmugam @ Chellam @ Subbiah

Palanichami Chettiar (Died) Ramalingam

|

L.S. Mariappan

Rathinam @ Lakshmanan Chellam @ Subbiah Patchaimuthu Shanmugham

Kuppumuthu (Died) Palanisami

3.The founder of the trust dedicated properties for the maintenance of the temple and performance of Pujas consisting of four shop rooms in the front and a fe