Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

V. Raghavachari And Others. v. Narayana Iyengar,

Madras High Court
Oct 31, 1972
Smart Summary (Beta)

Concise Analytical Summary of the Opinion

Factual and Procedural Background

In Ulandai village (North Arcot District) there was an old Sri Kariamanicka Perumal temple which had fallen into ruins and daily worship had ceased. Before 1960, on the suggestion of His Holiness Sri Sankaracharaya, villagers raised public subscriptions and built a new temple facing the Agraharam; the Kumbhabhishekam was performed in 1963. The Moolavar (main deity) from the old site could not be traced, but the Utsavar (processional deity) was found and installed in the new temple; some stones and copper plates from the old temple were reused.

In 1966, some villagers decided to renovate the old temple at its original site; a subscription list was opened and the defendant (Narayana Iyengar) was primarily authorized to collect funds and renovate. The defendant's father had earlier endowed income of a small property in 1910 (Ex. A-1) for the support of the old temple.

Six plaintiffs, asserting they were trustees of Sri Kariamanicka Perumal temple, filed Suit O.S. No. 262 of 1967 seeking an injunction to restrain the defendant from renovating the old temple. The District Munsif decreed the plaintiffs' suit; on appeal the Subordinate Judge reversed that decision. The plaintiffs brought this second appeal against the reversal.

Legal Issues Presented

  1. Whether, by reason of the installation and consecration of the deity at the newly built temple, the deity has ceased to exist at the old site so that the old site belongs to the deity installed in the new temple (i.e., whether the old site has thereby lost its sanctity and cannot lawfully be renovated by villagers).
  2. Whether the plaintiffs have established that they are the duly constituted or nominated trustees of Sri Kariamanicka Perumal temple (new) and thereby entitled to injunctive relief.
  3. Whether, on the facts (including the defendant's renovation activity begun with public donations and villagers' help), an injunction restraining the defendant should be granted.
  4. Whether the suit is barred by Section 67 of the Hindu Religious and Charitable Endowments Act — i.e., whether the statutory procedure (Deputy Commissioner inquiry) must be invoked before a civil suit can be maintained when a religious institution is said to have ceased to exist.

Arguments of the Parties

Appellants' (Plaintiffs') Arguments

  • The deity which presided at the old site has been shifted and consecrated at the new temple; therefore there is no longer any deity at the old temple site and the old site belongs to the deity installed in the new temple.
  • Relied on passages from leading textbooks (Ganapathi Iyer and Mukherjee) and on a number of judicial decisions to support the contention that a consecrated installation elsewhere meant the original site's religious purpose had been transferred.

Respondent/Defendant's Arguments

  • The defendant was authorized by villagers (and had led the collection of subscriptions) to renovate the old temple and had actually begun renovation with villagers' help and public donations; he could not be treated as a mere trespasser.
  • The defendant's father had endowed the income of a property in 1910 (Ex. A-1) for the support of the old temple; the endowment was to the deity at the old site and contemplated renovation of the old site when practicable.
  • In a reply notice (Ex. A-4, dated 17-7-1962) the defendant had offered to make over the income to properly constituted trustees of the new temple, but that offer did not preclude him from trying to renovate the old site.
  • One pleaded defence was that the suit was not maintainable because Section 67 of the Hindu Religious and Charitable Endowments Act provides for a statutory inquiry where a religious institution is said to have ceased to exist (i.e., the Deputy Commissioner procedure).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Bijoychand Mahatab v. Kalipada Chatterjee, ILR 41 Cal 57 = (AIR 1914 Cal 200) When an image has been mutilated or destroyed, the religious purpose survives and a new image may be established and consecrated to carry out the original religious purpose. The court found this case distinguishable because there the image had been broken to pieces and no attempt was made to renovate the original site; thus the principle did not resolve the present dispute where the Moolavar was apparently still embedded at the old site.
Venkatasubban Pattar v. Ayyathurai, 37 Mad LJ 554 = (AIR 1920 Mad 246) Where a Sivalingam was stolen and a majority of worshippers wanted to replace it, the majority view was held to prevail (permitting replacement). The court regarded the case as clearly distinguishable on its facts and therefore not determinative of the issue before it.
Venkatachala Mudaliar v. Sambasiva Mudaliar, 52 Mad LJ 288 = (AIR 1927 Mad 465) Where the site of an old temple had become insanitary and a large majority of villagers decided to build a new temple elsewhere and install the idol, a solitary objector could not prevent the majority from doing so. The court found the facts different from the present case and held the precedent inapplicable to the narrow question here.
Pichandy Ananthakrishnan v. Chidambaram Pillai, AIR 1953 Trav-Co 442 Followed Bijoychand Mahatab on the principle that a destroyed idol's religious purpose survives and a new consecration is permissible. The court noted this case followed Bijoychand Mahatab but found its facts again different from the present dispute and therefore not controlling.

Court's Reasoning and Analysis

The court framed the decisive question narrowly: whether, in the circumstances, it could be said that the deity had "disappeared" from the old site in the sense that villagers were not entitled to renovate the old temple there. The reasoning proceeded through several discrete steps explicitly stated in the opinion:

  1. Identification of the narrow question: The court emphasized that the issue was not the sacredness or efficacy of the deity at the new temple, but whether installation at the new temple had caused the old site to lose sanctity so as to forbid renovation there.
  2. Findings on the facts: The court accepted (as found by the Subordinate Judge) that the Moolavar of the old temple had not been traced as an installed idol at the new temple, and that the Moolavar was apparently still embedded in the site of the old temple. The existence (apparent embedding) of the Moolavar at the old site was treated as sufficient to justify villagers' efforts to renovate the old temple at its original location.
  3. Assessment of authorities relied on by plaintiffs: The court reviewed the cases and textbook passages relied upon by the plaintiffs and concluded they did not resolve the current narrow question. Each cited decision was analyzed on its facts (e.g., destroyed or mutilated idols, stolen images, insanitary sites, majority decisions) and distinguished from the present circumstances where renovation of the original site had been attempted and the Moolavar appeared to remain in situ.
  4. Effect of defendant's conduct and delay: The court agreed with the Subordinate Judge's finding that the defendant, with villagers' help and public donations, had begun renovations at least a year before the suit, and therefore could not be regarded as a bare trespasser; this factual posture weighed against granting an injunction.
  5. Statutory objection under Section 67 HRE Act: The opinion considered the plea that the suit was barred by Section 67 of the Hindu Religious and Charitable Endowments Act (requiring a Deputy Commissioner inquiry where a religious institution is said to have ceased to exist). The court held that the Act did not bar the present suit because the very question for determination was whether the deity had ceased to exist at the old site — a question that could not be relegated solely to the Deputy Commissioner for final determination before a civil suit could proceed.
  6. Relief analysis: On the combined factual and legal assessment (existence of Moolavar at the old site, distinguishability of authorities, defendant's bona fide renovation activity, and plaintiffs' delay), the court concluded that injunctive relief was not appropriate and dismissed the appeal on that short ground.

Holding and Implications

Holding: The court's final decision was to DISMISS THE APPEAL. The dismissal was ordered without costs, and leave was granted (as noted in the opinion).

Implications (direct, as stated in the opinion):

  • The plaintiffs' claim for an injunction restraining renovation of the old temple was rejected on the ground that the Moolavar appears still embedded at the old site and because the defendant had commenced renovation with public support and donations; the court agreed that this was not a proper case to grant an injunction, particularly given plaintiffs' delay.
  • The court expressly did not finally decide whether the plaintiffs are the duly constituted trustees of Sri Kariamanicka Perumal temple (new); the opinion states it does not wish to pronounce on that question.
  • The court held that Section 67 of the Hindu Religious and Charitable Endowments Act does not bar a suit of this kind because the central question is whether the deity has ceased to exist at the old site — a matter not required to be left exclusively to the Deputy Commissioner.
  • No broader precedent was declared to govern all similar disputes; the court distinguished the relied-upon authorities on their facts and confined its decision to the narrow question presented by this case.

Outcome stated in the opinion: "Appeal dismissed." (The opinion also notes "dismiss the appeal, but without costs. Leave granted.")

Show all summary ...

1. The second appeal is by the plaintiffs. In Ulandai village in North Arcot, Dt., there was an ancient temple called Sri Kariamanicka Perumal temple. It fell into ruins. The daily worship was not performed. It appears that, when His Holiness Sri Sankaracharaya of Kamakoti Peetam visited the village before 1960, he suggested that the temple had fallen on evil days because it was situated behind the row of houses forming the Agraharam and that it would be better to build a temple in front of the Agraharam. Accordingly public subscriptions were raised and a new temple was built facing the Agraharam. The Kumbbabhishekam was performed in 1963 as per the invitation, Ext. A-3. The Moolavar (deity) at the site of the old temple could not be traced, but the Utsavar (who comes out) was available and the Utsavar was installed in the new temple. Some stones of the old temple were utilized for the construction of the new temple. Some copper plates were also utilized.

2. At the time of the formation of the new temple a Thengalai namam was put on the forehead of the Utsavar. It was not there before. This seems to have annoyed some of the Vadagalai people. Whether on this account or for some other reason, many of the inhabitants of the village decided in 1966 to renovate the old temple at its site. Accordingly a general subscription List E.B. 1, dated 2-5-1966, was opened. Narayana Iyengar, the defendant in the suit, was mainly authorized to make the collections and renovate the old temple. Actually his father has endowed the income of a small property in 1910 under a registered deed, Ex. A-1, for the support of the old temple.

3. In accordance with the wishes of the villagers the defendant began renovating the old temple. Thereupon the six plaintiffs, holding out that they were the trustees of Sri Kariamanicka Perumal temple, brought the suit, O. S. No. 262 of 1967, out of which this appeal arises, for an injunction restraining the defendant from proceeding with the construction. The contention of the plaintiffs is that the deity which presided at the old site has been installed at the site of the new temple and that the site of the old temple belongs to the deity which has now been installed in the new temple.

4. The learned District Munsif, who tried the suit, decreed it. On appeal, however, the decision has been reversed by the learned Subordinate Judge, and hence this second appeal by the plaintiffs.

5. The first reason given by the learned Subordinate Judge is that, because the Moolavar of the old temple has not yet been traced, that deity still exists there and hence it cannot be said that the villagers cannot renovate the old temple and that it cannot be said either that the old site belongs to the deity installed in the new temple. The reason is thus stated in paragraph 7 of his judgment-

"The fact remains that the Moolavar of the old temple that was in existence in the suit was not found. In other words the Moolavar of the old temple that was in existence in the suit site was not the idol installed in the newly built temple. It appears that because of the fact that the Utsavar idol found in debris of the old temple in the suit site had been installed in the newly built temple, the respondents seek to claim that the newly built temple is entitled to claim the suit site. Merely because such an idol was installed in the newly built temple and some materials of the old temple had been made use of putting up the new temple, it cannot be said that the suit site has become the property of the newly built temple."

6. Secondly, the learned Subordinate Judge finds that the plaintiffs have not established the fact that they are the duly constituted or nominated trustees of Sri Kariamanicka Perumal Temple. Thirdly, on the evidence of the plaintiffs' witnesses themselves, the learned Subordinate Judge finds that at least a year before the institution of the suit, the defendant had, with the help of the villagers and public donations, started the renovation work of the old temple, that he could not be said to be a bare trespasser and that, under the circumstances of the case, an injunction could not be granted.

7. The primary point argued before me by Sri P. C. Parthasarathi Iyengar, the learned counsel for the appellants, is that the deity which presided at the old site has been shifted and consecrated at the new premises, that there is no longer any deity at the old temple, and that, consequently, the site of the old temple belongs to the deity installed in the new temple. The learned counsel relied on some passages in the leading textbooks of Ganapathi Iyer and Mukherjee. In my opinion, those decisions and passages do not solve the present problem. The crucial question is whether, under the circumstances of the case, it could be said that the deity has disappeared from the old temple in the sense that the villagers are not entitled to renovate it. This is a narrow question and, on the facts of this case, it seems to me that the learned Subordinate Judge is right. Nobody suggests for a moment that there is no efficacy or sacredness in the deity installed in the new temple. The point at issue is something different and has already been stated, namely, whether in view of the installation of Sri Kariamanicka Perumal in the newly built temple, the old site has lost its sanctity altogether in the sense that no attempt can lawfully be made to renovate the temple there. The important point which in my opinion, answers this question is the fact that the Moolavar is apparently still embedded in the site of the old temple and the existence of the Moolavar is enough to justify the attempt of the villagers to try to renovate the old temple at the same site. Once it is borne in mind that this is the narrow question involved in the suit, there will be no difficulty in distinguishing the decisions and passages relied on by Sri Parthasarathi Iyengar.

8. The first case on which he relies is the decision of Jenkin, C. J., and Mookerjee, J., in Bijoychand Mahatab v. Kalipada Chatterjee, ILR 41 Cal 57 = (AIR 1914 Cal 2000). There the Maharaja, the predecessor of the plaintiff, established an image of Lord Shiva and named it after himself as Trilokeshwar. He endowed certain lands for the performance of the worship of the image and the lands were left with the predecessors of the defendant. About 40 years before the commencement of the suit the site at which the temple stood was washed away by the river Bhagirathi. The image itself was broken to pieces and the Maharaja established a new image of Shiva in a newly constructed temple in the same village. But the defendant refused to perform the worship of the image. Quoting some texts, it was held--

"This text shows that, when an image has been mutilated or destroyed, the religious purpose does not come to an end............ The religious purpose still survives, and a new image may be established and consecrated in order that it may be worshipped as intended by the original founder."

Since the defendant was not willing to make over the income, it was held that he was not entitled to retain possession of the lands to the plaintiff. The case is distinguishable, because the image had been broken to pieces and no attempt was made to renovate the temple at its original site.

9. The next case relied on by the learned counsel is the decision of Seshagiri Ayyar and Moore, JJ., in Venkatasubban Pattar v. Ayyathurai, 37 Mad LJ 554 = (AIR 1920 Mad 246). There a Sivalingam was stolen. The majority of the worshippers wanted to replace it by another. A suit for injunction restraining them was brought. It was held that the majority view must prevail. The present case is clearly distinguishable.

10. The next case relied on by the learned counsel is the decision of Devadoss, J., in Venkatachala Mudaliar v. Sambasiva Mudaliar, 52 Mad LJ 288 = (AIR 1927 Mad 465). There the site of an old Vinayagar temple had become insanitary and a large majority of the villagers decided to build a new temple somewhere else and install the idol there. The plaintiff, as a solitary person, wanted to prevent it. It was held that he could not oppose the wishes of the majority. Here again the facts of the present case are different.

11. The last decision cited by Sri Parthasarathi Iyengar is Pichandy Ananthakrishnan v. Chidambaram Pillai, AIR 1953 Trav-Co 442, where the decision in Bijoychand Mahatab v. Kalipada Chatterjee, 41 Cal 57 = (AIR 1914 Cal 200) was followed with approval. The facts again are different.

12. The learned counsel has, there quoted passages from Mukherjee's Hindu law of Religious and Charitable Trusts, 3rd Edn. at pages 114,117,118,120,123 and 124 (pages 134,135,137,138,141,142,145 and 146 of the second edition) and page 181 of P. R. Ganapati Iyer's Hindu and Mohammedan Endowments, 2nd edn. In my opinion, they do not solve the present problem and do not contain anything to militate against the view I have expressed.

13. Sri Parthasarathi Iyengar then points out that the defendant himself had, in his reply notice, Ex. A-4 dated 17-7-1962, agreed to make over the income of the properties, which had been endowed for the support of the old temple by his father under Ex. A-1 in 1910, if duly constituted trustees were appointed for the new temple and that, in the meantime, he was prepared to make over the income of the properties to the second plaintiff. This however, does not in any way stop the defendant from trying to renovate the temple at the old site. Actually, Ex. A.1 itself shows that the father of the defendant was dedicating the property only to the deity at the old site and expected it to be renovated, but till then he promised to utilize it for some other suitable religious worship. Hence, if it is possible to renovate the temple at the old site, the endowment under Ex. A.1 could still be utilized therefor.

14. I also agree with the learned Subordinate Judge that this is not a proper case to grant an injunction, because the plaintiffs waited for nearly a year after the construction began. I do not wish, however, to say anything on the question whether the plaintiffs are the duly constituted trustees of Sri Kariamanicka Peruml temple (new).

15. One of the defenses in the written statement is that the suit is not maintainable because of the provision of Sec. 67 of the Hindu Religious and Charitable Endowments Act, which enacts that the Deputy Commissioner may, on being satisfied that a religious institution has ceased to exist, hold an enquiry to ascertain its property and funds. An appeal may be filed against the decision to the Commissioner and then a suit. The learned District Munsif held that the provisions of the Act would not be a bar. The contention was not repeated before the learned Subordinate Judge. In my opinion, the Act does not bar a suit of the present type. The very question is whether the deity has ceased to exist at the old site so as to incapacitate the villagers from renovating it. That question itself cannot be left for the final decision of the Deputy Commissioner.

16. On the short ground mentioned already, I dismiss the appeal, but without costs. Leave granted.

17. Appeal dismissed.