Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Smart Summary

Structured Summary of the Opinion

Factual and Procedural Background

This suit was filed by the plaintiffs on their own behalf and on behalf of the Thengalai Vaishnava Brahmans resident in Triplicane seeking declarations and relief regarding certain temple offices and emoluments at the Sri Parthasarathiswami temple, Triplicane. Specifically, the plaintiffs sought declarations that they are entitled to the offices of Adhyapakam, Vedaparayanam, Arulipadu, Puranam and Kottiyam (also spelled Kattuyam in the plaint), that the trustees have no right to appoint anyone to those offices, and that as mirasidars they are entitled to the honours and emoluments set out in the plaint's schedule. The plaintiffs also sought an injunction restraining the 1st and 2nd defendants from interfering with their enjoyment of those offices and emoluments, damages and costs.

The plaintiffs' case was that the Thengalai Sri Vaishnava residents of Triplicane had from time immemorial been interested in and exercised control over the temple, were entitled to the mirasi offices and perquisites, and that customary practices (including lists kept for distribution of Prasadams and recitals such as Vazhi Thirunamam) supported their claim. The 1st and 2nd defendants (trustees/Dharmakarthas) denied the claimed miras, asserted the trustees' right to appoint and dismiss Adhyapakas, and raised procedural and substantive defences including limitation, non-maintainability, misjoinder and res judicata (relying on earlier decrees C.S. No. 161 of 1891 and C.S. No. 111 of 1918).

The 3rd defendant's written statement largely admitted the plaintiffs' claim to the Adhyapaka office and accepted the custom as regards recital of Vazhi Thirunamam, describing the practical recognition by trustees of competent Thengalai residents when they were willing to serve. A supplemental defendant disputed the plaintiffs' claim.

Eight issues were framed for trial, including whether the services are offices and if plaintiffs are entitled to them, whether emoluments are attached to the offices, questions of limitation and res judicata, maintainability, damages, misjoinder, and cognizability by a civil court.

Legal Issues Presented

  1. Are the services of Adhyapakam, Arulpadu, Puranam, Vedaparayanam and Kottiyam offices in the plaint temple and, if so, are the plaintiffs entitled to the same?
  2. Are all or any of the honours and emoluments mentioned in the plaint attached to any such offices or are they mere remuneration for services rendered?
  3. Is the claim of the plaintiffs barred by limitation for the reasons stated by the 2nd defendant?
  4. Are the plaintiffs entitled to the control of all the Vaidika Vicharana of the plaint temple, and if so, is that claim barred by res judicata by reason of decrees in C.S. Nos. 161 of 1891 and 111 of 1918?
  5. Is the present suit not maintainable for the reasons stated in the written statements of the 1st and 2nd defendants?
  6. Are the plaintiffs entitled to any damages and, if so, what amount?
  7. Is the suit bad for misjoinder of parties and causes of action?
  8. Is the suit cognizable by a civil Court?

Arguments of the Parties

Plaintiffs' Arguments

  • The Thengalai Sri Vaishnava residents of Triplicane have from time immemorial been interested in and had rights of control over the temple and were entitled to the mirasi offices (Adhyapakam, Vedaparayanam, Arulipadu, Puranam, Kottiyam) and attendant emoluments.
  • Custom supported their right to perform sacred duties and to receive emoluments; lists were kept for convenience to inform temple staff about persons willing and qualified to discharge the duties.
  • On special occasions orthodox Brahmans from other places were allowed to participate with the consent of Sthalathars; recital of certain Vazhi Thirunamams (beyond Manavala Mahamuni's) was customary, and objections by trustees threatened those performing the recitals.
  • Because trustees interfered with these customary rights and withheld emoluments, a decree was necessary to establish plaintiffs' rights and to restrain wrongful interference.

1st and 2nd Defendants' (Trustees') Arguments

  • There is no miras as claimed; the trustees have the right to appoint and dismiss Adhyapakas and are entitled to control appointments.
  • The recital of special Vazhi Thirunamam (other than the admitted Manavala Mahamuni recital) was contrary to established practice, and trustees were justified in forbidding it and dismissing Adhyapakas who disobeyed.
  • Adhyapakas are mere temple servants appointed by trustees and liable to dismissal; the suit is non-maintainable without leave to sue and is barred by limitation as trustees have exercised appointment/dismissal rights for over 30 years.
  • Additional procedural objections: suit bad for not praying to set aside alleged dismissals, bad for misjoinder of parties and causes of action, and not cognizable as it interferes with temple ceremonials; claim is res judicata by prior decrees (C.S. Nos. 161 of 1891 and 111 of 1918).

3rd Defendant

  • Practically admitted plaintiffs' claim to the office of Adhyapaka and the customary recital of Vazhi Thirunamam; stated trustees had recognized competent Thengalai residents when they offered to serve and that Vazhi Thirunamams are hymns customary to recite.

Supplemental Defendant

  • Filed a written statement disputing the plaintiffs' claim (no further particulars provided in the opinion).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Narasimma Chariar v. Sri Kristna Tata Chariar That a suit to determine pecuniary benefits connected with religious services is cognizable by a civil court; the High Court held such suits are justiciable and stated: "If to determine the right to such pecuniary benefit it becomes necessary to determine incidentally the right to perform certain religious services we know of no principles which would exonerate the Court from considering and determining the point." The court relied on this authority to support the proposition that the present suit (seeking pecuniary benefits and rights to perform religious services) is cognizable and properly before a civil court.
Krishnama v. Krishnasami (Privy Council) The Privy Council approved the High Court's approach in Narasimma Chariar and reversed a High Court dismissal which had found the suit disclosed no cause of action; thus supporting remand and the justiciability of such claims. The opinion cites the Privy Council's approval as reinforcing that suits by Thengalai claimants to Adhyapakam rights and emoluments are within the civil court's jurisdiction and that prior dismissals on ritual grounds are not conclusive.
Krishnasami Tatacharyar v. Krishnamacharyar Recognition that the Adhyapaka miras (with certain exceptions) is the exclusive right of the Thengalai sect members residing in Conjeevaram; the case reaffirmed that the miras appertained to members of that sect. The court treated this line of authority as directly supportive: it indicates that a community of Thengalai Vaishnavas can hold customary rights to perform Adhyapakam services and claim attendant emoluments, and thus the present plaintiffs' suit is maintainable and their claim is prima facie sustainable.
Srinivasa Thathachariar v. Srinivasa Aiyangar Contains an opinion (by two judges) that members of an ill-defined community such as Vaishnavas cannot all be holders of the Adhyapakam office (i.e., skepticism about rights vesting in an indefinite body). The court noted this decision but found it in direct conflict with the Thengalai cases (Krishnasami line). The opinion distinguishes Srinivasa Thathachariar on the basis that it did not consider the prior decisions establishing such rights and therefore the court found it difficult to follow that view.
Mercer v. Denne (Parwell, J.) Observation on the reasonableness of customs: in the context of customary rights, unlikeliness of extreme hypothetical changes does not render a custom unreasonable; the period for assessing reasonableness is at the custom's inception. The court quoted this passage to support the view that the origin of the plaintiffs' customary claim (recital of Prabandam and Vedas by local Brahmans) is not unreasonable given its long historical practice, and therefore the custom can be recognized.

Court's Reasoning and Analysis

The court proceeded through a fact- and evidence-based analysis addressing the issues framed at trial. The central factual premise was that the services in question (Adhyapakam, Vedaparayanam, Arulipadu, Puranam, Kottiyam) are performed in the course of worship and are accompanied by customary honours and emoluments (Theertham, Shadogopam, Thaligai etc.). The main dispute was whether those rights vested in the Thengalai Sri Vaishnava residents of Triplicane (as a customary right) or whether the trustees/Dharmakarthas had the exclusive right to appoint and dismiss Adhyapakas.

Key points of the court's step-by-step analysis, based on the evidence and applicable principles as set out in the opinion:

  1. Nature of services and emoluments: The court accepted that the services are integral to worship and that participants are traditionally entitled to emoluments and honours. The court viewed the recital of Vazhi Thirunamam (benedictions to saints and Acharyas) as customary, with Manavala Mahamuni's recital admitted as daily practice.
  2. Evidence on customary practice: The court examined documentary and oral evidence (including petitions dating between 1800 and 1836) and found the probabilities were against any asserted right by trustees to appoint or dismiss Adhyapakas. The evidence indicated a historical practice of local Thengalai residents forming a Goshti (congregation) to perform Vedas and Prabandam and receive the quarter Thaligai allocated for Adhyapakam.
  3. Nature of the right and indefiniteness of the body: The court acknowledged arguments that rights cannot vest in an indefinite body, but concluded that customary rights in an indefinite community have been recognized in prior authorities and that strict rules regarding 'office' cannot be mechanically applied to religious customary rights. The court found no barrier to recognizing the rights of the fluctuating Goshti of Thengalai residents.
  4. On appointment and dismissal: The crux was whether Dharmakarthas had power to appoint/dismiss. The court found no evidence of trustees exercising such power for the statutory period; trustees did not assert dismissal power until disputes over Vazhi Thirunamam arose. Consequently, the court held Dharmakarthas have no power to appoint or dismiss Adhyapakas in respect of the customary rights recognized.
  5. Vazhi Thirunamam recital dispute: The court found evidence that Vazhi Thirunamam (beyond Manavala Mahamuni's) had been recited for several years without trustees' objection, and no Sastra or book was cited to show any objection to recitation on saints' thirunakshatram days. The court considered the trustees' 1922 objections and subsequent dismissals and prosecutions to be unjustified.
  6. Scope of Goshti control over ritual: While the Goshti was consulted on ritual and festival timing, the court found insufficient evidence that the Goshti had control over all Vaidika Vicharana; consultation did not equate to full control of ritual matters.
  7. Limitation and res judicata: The court rejected limitation as a bar because trustees had not exercised appointment/dismissal rights for the statutory period. The court also found the suit maintainable and not barred by res judicata on the available evidence and in light of relevant authorities.
  8. Specific convenants and emoluments: The court found plaintiffs had not proved entitlement to emoluments beyond those admitted in the written statements and the Amin's evidence. It also held that the right to appoint Puranam readers was not proved to vest in the Goshti; temple accounts and defendant evidence showed trustees appointed Puranam readers and paid them.
  9. Residential qualification and boundaries: The court accepted that residence of at least six months plus actual performance during that period was required to claim the quarter Thaligai; the term "Triplicane" for these purposes covered the four main streets around the temple and boundaries fixed in schemes framed for the temple.
  10. Remedy and scheme suggestion: The court opined it was desirable that the recognized right be incorporated into a formal scheme (noting C.S. No. 527 of 1924) to give judicial sanction to prevailing custom and to prevent future disputes between Adhyapakas and trustees.

Holding and Implications

Core Ruling: The court entered a partial decree in favour of the plaintiffs. It declared that the right to perform the Adhyapakam and Vedaparayanam services vests in the Thengalai Sri Vaishnava Brahman residents of Triplicane; that the sevas are performed and emoluments enjoyed as found in the judgment; and that the Dharmakarthas (trustees) have no right to appoint or dismiss the Adhyapakas or to refuse customary emoluments to those whom the Adhyapakas nominate to receive them.

Direct consequences and specific practical implications set out in the opinion:

  • The Adhyapakas actually performing the sevas at each service are entitled to the customary honours and emoluments.
  • The trustees have no right to appoint or dismiss Adhyapakas in respect of these customary rights, nor to refuse the customary emoluments to the persons whom the Adhyapakas choose to receive them.
  • The plaintiffs were not proved entitled to emoluments beyond those admitted in defendants' written statements and the Amin's evidence (i.e., the court limited monetary relief to proven emoluments).
  • The court did not find that the Goshti had an unconditional control over all Vaidika Vicharana; trustees may still be consulted and in certain contingencies may make necessary arrangements, but no general power of dismissal/appointment was established in the trustees.
  • Residence qualification: at least six months' residence plus actual performance during that period was required for entitlement to the quarter Thaligai distribution among the select body of officiating Adhyapakas.
  • The right should be given judicial sanction through a scheme (the court noted that a scheme to be framed in C.S. No. 527 of 1924 should make adequate provision for performance and continuance of the Adhyapakam service and prevent future disputes).
  • Costs: The court directed that each party bear its own costs because neither party completely succeeded and each failed on important questions.

Final procedural note recorded in the opinion: "Decreed in part."

    Anna Rangachariar v. Parthasarathy Iyengar

    1. This is a suit filed by the plaintiffs for themselves and on behalf of the Thengalai Vaishnava Brahmans, residents in Triplicane, for a declaration that they are entitled to the office of Adhyapakam, Vedaparayanam, Arulipadu, Puranam and the Kattuyam in the temple of Sri Parthasarathiswami at Triplicane, that the trustees have no right to appoint anybody else to the said offices, that as such mirasidars they are entitled to the honours and emoluments set out in schedule A to the plaints, for an injunction restraining the 1st and 2nd defendants from interfering with, their enjoyment of the said offices and the receipt of the emoluments, for damages and costs.

    2. The case for the plaintiffs is that from time immemorial, the Thengalai Sri Vaishnava residents of Triplicane have been interested in and have had the rights of control over the temple, that they have been entitled to the mirasi offices set out in the plaint and the receipt of perquisites, that, as a matter of convenience, a list from among those persons who are willing and duly qualified to discharge the duties of the said offices was occasionally kept in the temple for the information of the temple staff in connexion with the distribution of Prasadams and other emoluments, that on special occasions respectable orthodox Brahmans from other places were allowed to take part in the Goshti and share in its perquisites with the consent of the Sthalathars, that Defendants Nos. 1 and, 2 have for some time past been wrongfully acting contrary to mamool and in violation of the ancient and established rights of the plaintiffs, that disputes have arisen between the Sthalathars and the trustees and in consequence thereof Defendants Nos. 1 and 2 have infringed on the plaintiffs' rights and withheld the emoluments, that Defendants Nos. 1 and 2 have set up that the recitation of Yazhi Thirunamams of Alwars and Acharyas, the recital of which has been going on for several years and which is customary, is contrary to custom and threatened to suspend and dismiss the Adyapakas who recite those Vazhi Thirunamams, that there have been disputes and differences owing to the wrongful conduct of the trustees set but in the plaint and that it is necessary that there should be a decree establishing the plaintiffs' rights.

    3. Defendants Nos. 1 and 2 who have made common cause in the suit deny the plaintiffs' rights and state that there is no such miras as is claimed in the plaint and that the trustees have the right to appoint and dismiss Adhyapakas. They state that the recital of special Vazhi Thirunamam is contrary to the established practice, and that they were justified in forbidding the recital and in dismissing such of the Adhyapakas as disobeyed the order. Their case is that Adhyapakas are mere tample servants appointed by the trustees and liable to be dismissed by them. They raise various legal defences as to the non-maintainability of the suit owing to want of leave to sue under O. 1, R. 8 of the CPC, they plead limitation as the trustees and their predecessors in office have been exercising the rights of appointment and dismissal of and the control over the Adhyapakas for over 30 years. They state that the suit is bad as there is no prayer for the setting aside of the dismissal of Plaintiffs Nos. 1 and 2, that the suit is bad for misjoinder of parties and causes of action, that the suit is not cognizable by a civil Court in so far as the plaintiffs want to interfere with the ceremonials of the temple regarding the recital of Vazhi Thirunamam and that the claim of the plaintiffs to control the duties and functions of the trustees is res judicata, on account of the decree in C.S No. 161 of 1891 and C.S No. 111 of 1918.

    4. The 3rd defendant filed a written statement practically admitting the plaintiffs' claim to the office of Adhyapaka and the custom as regards the recital of Vazhi Thirunamam. As regards the office of Adhyapaka he states that he has on several occasions seen the permanent Thengalai Sri Yaishnava residents of Triplicane taking part as a body in the services referred to in the plaint and receiving emoluments, that in the matter of ritual and the conduct of worship and the fixing of dates for the periodical festivals, the trustees have been guided by the opinion of the permanent Thengalai Sri Vaishnava residents of Triplicane learned in Sastras and acquainted with the mamool of the temple and that not only in Triplicane but also in most of the Sri Vaishnava temples, the Thengalai Sthalathars are the mirasi Adhyapakas. He states that whenever any Thengalai Sri Vaishnava resident of Triplicane who is competent to do the service intimated to the trustees of his willingness to the same, the trustees recognized his claim to perform the service and allowed him to receive the emoluments, that as regards the receipt of first honours of the temple the Adhyapakas used to put forward an elderly person who was to receive the honours. He states that the Vazhi Thirunamams, the recitation of which the Defendants Nos. 1 and 2 objected, are mere hymns relating to the lives of the saints and Acharyas and that it is customary to recite them.

    5. One Ramanujachari who was made a supplemental defendant at his request filed a written statement disputing the plaintiffs' claim.

    6. The following issues were settled:

    1. Are the services of Adhyapakam, Arulpadu Puranam, Vedaparayanam and Kottiyam, offices in the plaint temple and if so, are the plaintiffs entitled to the same?

    2. Are all or any of the honours and emoluments mentioned in the plaint attached to any such offices or are they mere remuneration for services rendered?

    3. Is the claim of the plaintiffs barred by limitation for the reasons stated in para. 3 of the 2nd defendant's written statement?

    4. Are the plaintiffs entitled to the control of all the Vaidika Vicharana of the plaint temple, if so, is the said claim barred by res judicata by reason of the decree in C.S Nos. 161 of 1891 and 111 of 1918.

    5. Is the present suit not maintainable for the reason stated is paras. 1 and 12 of the written statement of the 1st defendant and paras. 8 and 12 of the 2nd defendants written statement?

    6. Are the plaintiffs entitled to any damages and, if so, what amount.

    7. Is the suit bad for misjoinder of parties and causes of action?

    8. Is the suit cognizable by a civil Court?

    7. So far as the services mentioned in the plaint and covered by issue No. 1 are concerned, it is not disputed that these services have to be rendered in the course of the worship to the god. It is also not disputed that those who take part in the various rituals connected with the services above mentioned are entitled to certain emoluments and the honour of receiving the first Theertham and Shadogopam and other honours. The only dispute between the parties is that whereas the plaintiffs state that the right to perform the sacred duties and to receive the emoluments connected therewith is vested in the Sri Vaishnava. Then galai residents of Triplicana the case for the 1st and 2nd defendants is the trustees are the persons to decide as to who should perform these services and receive the emoluments and honours and this is the main question in the suit.

    8. So far as the offices of Adyapakam, Arulpadu, Yedaparayanam and Kottiyam are concerned, it is customary in all Sri Yaishnava temples both at the time of the daily worship to the god and at the time when the god is taken in procession for the chanting by Brahmans of the Thiruvoi Mozhi and the Yedas. As regards Vazhi Thirunamam it is merely the recitals of benediction addressed to the god or a particular Saint or Alwar. It is admitted in this case that so far as Manavala Mabamuni is concerned his Yazhi Thirunamam is “Manavala mamuniye irnum oru nutrandu irum” and that this is recited every day when pooja is performed. The dispute is as regards the recital of Vazhi Thirunamam for other Acharyas and saints of the Sri Vaishnava Thengalai cult. The case for the plaintiffs is that on the birthdays of Shese particular saints after the Vazhi Thirunamam of Manavala Mahamuni is ricited, the Vazhi Thirunamam appropriate to the saints in question is also recited whereas the defendants deny any such pratice. (Here the judgment discussed the oral and documentary evidence and proceeded). So far as the documentary evidence is concerned, I do not think that the trustees have made out any right of appointment and the probabilities are all against any such right.

    9. As I said before, the right to recite Vedas and Prabandam at the daily worship to the god is a right which has always been claimed as a valuable right by the Brahman residents of the locality, and it is hardly likely that these learned Brahmans who even sat up the right of control over the temple as appears from the petitions sent up between 1800 and 1835 or 1836 would have agreed to be the servants of the Dharmakarthaa who in several cases were non-Brahmans and would have consented to being appointed and removed at their will. In fact no such power has been shown to have been exercised or admitted. The trustees did not venture to assert any right of dismissal till we come to the disputes about the recital of Vazhi Thirunamam and which led to the present suit. I find that the Dharmakarthas have no power to appoint or dismiss the Adhyapakas. I think the evidence before me establishes that though at one time all the Thengalai Brahman residents of Triplicana formed the Goshti or the congregation and recited Vedas and Prabandam at the daily worship and during festival occasions, the practice gradually grew up of a certain number being selected by the elderly Brahmans of Triplicane to attend the daily worship and do the necessary recitation, and that as early as the year 1800, one-fourth Thaligai which was fixed by the Board of Revenue was given to the persons who officiated as Adhyapakamdars.

    10. As is usual in cases of customary rights, there were no fixed rules framed at any meeting of the Goshti but there was a certain well-recognized procedure which was followed and which no body questioned. The elderly and learned persons determined who were to be the Adhyapakas who had to attend the worship and receive the emoluments and their word was not questioned by the general body of Adhyapakas. So far as the Dharmakarthas were concerned when things were normal, it mattered little to them, so long as the service was conducted and so long as one-fourth share had to be given to the Adhyapakas who performed the service, who or how many of the Goshti came in and received the emoluments. It is only quite recently after disputes arose as regards Vazhi Thirunamam being recited that the trustees claimed the right of appointment and dismissal of the Adhyapakas.

    11. It has been argued that there can be no rights in an indefinite body of inhabitants and that no decree can be passed in their favour and numerous authorities have been cited which relate to the rights of the public and to the definition of the term “office.” I think the difficulty in cases of this kind where customary rights are involved is that you cannot apply all the rules which relate to office in the strict sense of the term. Both sides admit that the service of reciting Prabandams and Vedas is a necessary ingredient in the worship at the temple and that it has to be performed by a fluctuating body of persons.

    12. It is also admitted that no fixed number of persons have to attend or that there is anything in the Sastras which fixes the number that should invariably attend. In this view of the case it is unnecessary to consider whether the Adhyapakas have a miras in the strict sense of the term. They do not claim any hereditary rights nor do they claim to be servants of the temple like the Archakas. The main question, therefore, is are these Adhyapakas appointed by the trustees and are liable to removal by them? The evidence to my mind shows clearly that the Adhyapakas are not appointed by the trustees. It is argued that the right to perform Adhyapakam service cannot vest in an indefinite body of persons and numerous authorities have been referred to.

    13. The question of Adhyapakam service has been considered by this Court in Krishnasami Tatacharyar v. Krishnamacharyar(1), Krishnama v. Krishnasami(2) and Narasimma Chariar v. Sri Kristna Tata Chariar(3). In Narasimma Chariar's case the plaintiffs who were members of the Thengalai sect of Brahmans sued the Dharmakarthas of the Conjeevaram temple in respect of the emoluments of the Adhyapakam service and the defendants denied their right. It was contended that the suit was not cognizable by the civil Court. The District Judge held that the suit was not of a civil nature as it involved questions of ritual. The High Court held that the suit was cognizable by a civil Court and observed:

    If to determine the right to such pecuniary benefit it becomes necessary to determine incidentally the right to perform certain religious services we know of no principles which would exonerate the Court from considering and determining the point.

    and reversed the decree of the District Judge. This decision was approved by their Lordships of the Privy Council in Krishnama v. Kristnasami which was a suit filed by the Thengalais who claimed exclusively the Adhyapakam right and the emoluments and the defendants who were the Dharmakarthas denied it. The High Court confirming the decision of the: District Judge dismissed the suit as disclosing no cause of action. On appeal their Lordships of the Privy Council reversed the decision of the High Court, and remanded the suit. The case went, back and the District Judge while rejecting certain claims held that the Adhyapaka miras to which appertained the exclusive right to pronounce Thodakam and the Mantram and to chant the Prabandam was the common property of all the members of the Thengalai sect of Conjeevaram. On appeal the High Court, in Krishnasami Tatacharyar v. Krishnama Charyar upheld the view of the District Judge as to the rights of the Thengalais on the question. The learned Judges dealt fully with the previous, litigation as to this right and gave a declaration that the Adhyapaka miras with the exception of the Thodakam is the exclusive right of the Thengalais and that it appertains to all the members of that sect residing at Conjeevaram.

    14. Reference has been made by Mr. Narasimhacbari to Srinivasa Thathachariar v. Srinivasa Aiyangar(4) where Subramania Iyer and O. Farwell, JJ., were of opinion that the members of an ill-defined community such as the Vaishnavas cannot all be the holders of the Adhyapakam office. No reference, however, was made in the judgment to the cases reported as Narasimma Chariar v. Sri Kristna Tata Chariar and Krishnama v. Krishnasami and Krishnasami Tatacharyar v. Krishnamma Charyar which clearly establish such a right in the body of Thengalai Vaishnavas and I find it difficult to follow this decision which is in direct conflict with the cases referred to above. Numerous cases have been referred to by Mr. Narasimhaehari which deal with the question as to whether a suit would lie for the office and the emoluments claimed. It is not easy to reconcile all the decisions but it seems to me unnecessary to go into them as the question I have to decide in this case is only whether a suit by the Thengalai Vaishnava Brahman residents of Triplicane claiming the rights of Adhyapakam is one which Courts can entertain. Each case depends more upon the facts and on the usage and it is fruitless to treat customary rights which have grown up and which are binding on institutions as if they were rights created by contract involving mutual rights and obligations.

    15. So far as Adhyapakam service is concerned, the claim is that the Thengalai Vaishnava Brahman residents who have from time immemorial been reciting the Prabandam and Vedas are entitled to do so without being appointed or removed by the Dharmakartha. The fact that the trustees cannot compel them to recite is no ground for holding that they have not got the right which they claim. It is alleged that the trustees would be without any remedy if the Adhyapakas would not perform their duty. It is enough to point out that this has never occurred and so long a;? the emoluments of one-fourth Thaligai and other honours and perquisites are attached to the service it will continue to be performed. As regards the large number of persons that may now claim the right, this is obviously no ground for refusing the rights acquired. In its inception there is nothing unreasonable in the claim. I may in this connexion refer to the observations of Parwell, J., in Mercer v. Denne(5):

    Then it is said that it (custom) is unreasonable, because the sea may recede for a mile or more, as at Sandwhich, and it is impossible to suppose that any such extent of ground could ever have been intended to be appropriated to such a custom. It is enough for me to say that as the event has not happened for upwards of 700 years I cannot see the unreasonableness. The period for ascertaining whether a custom is reasonable or not is its inception.

    16. In the present case as Manavala Mahamuni who is the author of the Prabandam lived about the 13th or 14th century and as Prabandam must have been recited in this temple almost from its foundation there is nothing unreasonable in the origin of the claim by the few Brahman residents near the locality to recite the sacred verses before the deity at the time of the pooja.

    17. It is argued by Mr. Narasimhaehari that in Krishnisimi Tatacharyar's case the right was claimed by 93 families only. The concluding portion of the judgment in Krishnasami Tatacharyar's case as well as the facts of the previous litigation show that it was all the residents who sued and that the mention of 93 families was made as all the Thengalais who claimed the right were descendants of the 93 families. The declaration given in Krishnasami Tatacharyar's case is clearly in favour of all the Thengalai residents of Conjeevaram. Even if it was only 93 families who constituted the persons who bad the right to perform the Adhyapakam service, this would not make much difference. 93 families about 50 years ago would in the ordinary course go on expanding and would be as indefinite as the Thengalai residents of Triplicane and I sea very little to support the arguments of Mr. Narasimhaehari that there could be no right in such an indefinite body of persons. Customary rights in an indefinite body of persons in India have been recognized in numerous cases and I can find no case which says that there can be no right which could vest in a community because of the indefiniteness.

    18. It is also argued that if the Dharmakarthas have no right of removal or control, it is difficult to hold that there could be any office as there should be rights and duties. This is an objection that cannot apply to cases like the present where it is the right to perform a religious service. What the consequence would be if none of the parsons went to the temple and performed the Adhyapakam service need not be considered in the present case as the evidence is that no such contingency ever arose. It may be that if the Adhyapaka Goshti does not make proper arrangements for the recital of Prabandam and Vedas at the worship there may be power in the trustees to make necessary arrangements. But so far as the evidence in this case is concerned I do not think that there will be any occasion for the exercise of any such right by the trustees, because one-fourth Thaligai is the emolument and people will always be found to recite Prabandam and Vedas.

    19. It is argued that the boundaries of Triplicane are indefinite. So far as this temple is concerned, every scheme has defined the boundaries for the purpose of the scheme and plaintiffs state that such boundaries may be taken as boundaries to determine the residential qualifications of the Adhyapakas. I see nothing which prevents the powers of such limits especially for several years past the boundaries of Triplicane for the purpose of this temple have been fixed. As regards honours, I think the evidence establishes that the honours are given to the person whom the congregation present and resiting the Vedas and Prabandam nominates. He receives the first Theertham and the Prasadam and he distributes the Prasadam to the persons who are present and recite Prabandam and Vedas. So far as the right to commence proceeding is concerned, it vests in the person whom such congregation puts forward as the leader. He says the Thodakkam. As regards Puranam reading, I do not think the plaintiffs have proved that the right to appoint persons to read Puranam vests in the Goshti. The temple accounts and the evidence of the defendants' witnesses show that it was the trustees who appointed the Puranam readers and paid them.

    20. As regards the recital of Vazhi Thirunamam, the evidence I have already referred to shows that Vazhi Thirunamam was being recited for several years without any objection by the trustees. It is not shown by any evidence or by reference to any books or Sastras that there is anything objectionable in the recital of the Vazhi Thirunamam of other Alwarg and Acharyas on their Thirunakshatram days and if there could be no objection it is difficult to see why the trustees in 1922 objected. I cannot help thinking that in the matter of reciting Vazhi Thirunamam the trustees were from the beginning in the wrong and that the attempts to enforce their views by dismissing Adhyapakas and instituting a number of fruitless criminal prosecutions is wholly uncalled for.

    21. As regards the claim to the control of all the Vaidika Vicharana of the temple, I do not think there is evidence sufficient to show that the Goshti or the general body of worshippers had any control of all the Vaidika Vicharana of the temple. Probably they were consulted by the trustees when questions arose as to when the Uthsawarns were to be celebrated or any question of ritual arose but that would not give them a right of control.

    22. As regards the legal pleas raised, I find it difficult to see how the plaintiffs' claim can be barred by limitation as the evidence, in my opinion, shows that the trustees never exercised the rights of appointment and dismissal for the statutory period.

    23. As regards the maintainability ‘of the suit, I think the suit is clearly maintainable as the plaintiffs, if their case is true, are entitled to perform certain duties with reference to the worship and to receive certain emoluments. The decisions in Krishnama v. Kristnasami and Krishnasami Tatacharyar v. Krishnamacharyar relating to a similar office are clear.

    24. It is difficult to see how the suit is bad for misjoinder of parties and causes of action as the right is claimed as the joint right of all the Thengalai Sri Vaishnavas of Triplicane.

    25. I find on the evidence that the right to perform the Adhyapakam and Veda Parayanam services has always vested from time immemorial in the Thengalai Sri Vaishnava residents of Triplicane, that for the past several years the custom has been for the Sri Vaishnava residents, who know at least 2000 of the 4000 verses of Thiruvaimoshi and who know portions of the Vedas necessary for being chanted at the service of the idol and in processions, to form the Goshti who are entitled to officiate both at the daily pooja and in processions and Uthasvams and to receive the Thaligai appropriated for the Adhyapakam service, that such a body of persons was a fluctuating body, that to make up the requisite number admissions were made by the elderly persons of the Goshti when necessity arose, that the trustees have no right either of appointment or dismissal, that the Prasadams were to be given to the persons whom the Goshti actually officiating and reciting the Prabandam put forward as the elder or leader and that he had the right to begin the service and receive the Theertham first.

    26. As regards the emoluments claimed in the schedule to the plaint, I am of opinion that the plaintiffs have not proved that they are entitled to any more emoluments than those admitted in the written statement and the evidence of the Amin.

    27. As regards residence, the evidence is that at least six months' residence was required together with the actual performance of service during that period; but that unless the elders of the Goshti admitted such a person he was not entitled to receive the quarter Thaligai set apart for the Adhyapakas or in other words while the right to recite Prabandam and the Vedas was a right which could be exercised by any Vaishnava inhabitant of Triplicane, the quarter Thaligai and the other emoluments which were reserved for the Adhyapakas were distributed among the select body which I have referred to who knew the Prabandam and the Vedas at least to the extant above indicated and who undertook to officiate at the daily service and that in ordinary times 2 to 10 persons would attend and recite and on occasions of importance the number was larger.

    28. As regards what is to be the meaning of the term “Triplicane” it was always taken to include the four main streets round the temple and such boundaries as were fixed by the schemes framed from time to time for the purpose of the temple.

    29. It seems to me to be desirable that the right which vests in the Thengalai Vaishnava Brahmans should be incorporated in a scheme which would give judicial sanction to the present custom prevailing and I am sure that the scheme which will be framed in C.S No. 527 of 1924 would make adequate provision for the performance and continuance of the Adhyapakam service and prevent the unseemly disputes which have been going on till now between the Adhayapakas and the trustees.

    30. There will be a decree declaring that the right to perform the Adhyapakam and Vedaparayanam service vests in the Thengalai Sri Vaishnava Brahman residents of Triplicane and that the sevas are performed and emoluments enjoyed as stated by the above. The Adhyapakas actually performing the sevas are at each service entitled to the customary honours and emoluments and that the Dharmakarthas have no right to appoint or dismiss the Adhyapakas or refuse to give the emoluments which are customary to the persons whom the Adhyapakas want the emoluments to be given. As regards costs, as neither party has succeeded entirely and has failed on important questions I direct that each party do bear its own costs.

    31. Decreed in part.

    Use AI to get other relevant cases.

    Comments

    Anna Rangachariar v. Parthasarathy Iyengar
    (May 1, 1925)