Periyanan Servai And Others . v. Mahadevan Ambalam And Others

The suit is to establish plaintiffs' right to two dignities in connection with a temple. They were to be observed during a car festival before the dragging of the car. They consist in the receipt of a cocoanut and breaking it near the idol on each occasion and were described as Nattar cocoanut and Ambalam cocoanut. In themselves, they are not of a substantial value. Unless they are attached to some office, the suit is not maintainable. The Subordinate Judge finds, that the offices, now mentioned in the plaint as the offices to which the dignities are attached, never existed. The defendants say that the dignities are attached to the office of decking the car. This is disbelieved by the Subordinate Judge. Neither side mentions any offices in the pleadings in the former suit O. S. No. 150 of 1903 on the file of the Court of the District Munsif of Sivaganga, in which the positions of the parties were reversed (Exs. VIII and VIII C. See also Ex. P). We agree with the findings of the Subordinate Judge.

It is next urged that the suit is maintainable because a right to worship in a particular manner is claimed. A general right to worship is not denied by the defendants and is not in question. A special kind of worship, to which some dignity is attached, but no emoluments of value are attached, cannot, in our opinion, be the subject of a suit in a Civil Court. To this extent we do not agree with the decision in Thirumalai Alwar Aiyangar Swamigal v. Srinivasachariar Swamigal . We are not to be understood as agreeing with the observations of the Subordinate Judge as to the ownership of the temple being in the Chetties or any other persons. We leave the matter open.

The appeal fails and is dismissed with costs.

N. R. R. Appeal dismissed.