Chinnathambi Mooppan and Another vs Mamundi Mooppan and Another

Veeraswami, J.—This civil revision by the Plaintiffs in the suit is directed against an order of the learned District Judge of Tiruchirappalli,

who accepted an order of the trial Court returning the plaint on the view that the suit would not be maintainable in view of Section 63(e) of the

Madras Hindu Religious and Charitable Endowments Act, 1959, The Plaintiffs, who sued for themselves and for certain villagers, claimed that the

right of doing moopu service in the. Mariyamman temple at Samayapuram vests in the pallars of three main villages, namely (i) V. Thuraiyur, (ii)

Mahalikudi (Narasingamangalam forming part of Mahalikudi) and (iii) Marudur. The service is said to consist of cleaning the streets, guiding the

temple car and doing other miscellaneous work. For these services, emoluments are provided. There is a Nandavanam, for which the patta stands

in the name of the pallars of the villagers. Service, for the purpose of convenience, was rendered by pallars in turns of one year. As per the

arrangements made between pallars of the villagers, the right to do Moopu service from 1960 to 1961 vested in the pallars of V. Thuraiyur. Every

year the villagers have got a right in turn to appoint one of their own men as leader, who has got to do the service. It is alleged that the entire village

consists of about 60 heads of pallars. They used to convene meetings of their village community and elect their leaders and maintain accounts. The

plaint further alleges that the first Defendant is not entitled to the office of moopu and act against the interests of the pallar community of V.

Thuraiyur. On these allegations, the Plaintiffs prayed for a declaration that the pallar community of the V. Thuraiyur village has got a right to do the

moopu service in the temple, and for an injunction restraining the first Defendant from interfering with the exercise of their right. They also prayed

for a further declaration that the first Plaintiff is entitled to the moopu service, as the duly elected leader of the pallar community of V. Thuraiyur and

that the first Defendant should be prevented from interfering with him in receiving the emoluments from the second Defendant for doing the service.

The first Defendant traverses these allegations and denies that the villagers have either a right to appoint a leader or to remove the first

Defendant from doing the service. He asserts that the moopu service has been done by him and before him, his brother and father and the right has

been in his family from time immemorial.

The second Defendant, which is the devasthanam, took the plea that the suit would be barred by Section 63 of the Act, as it relates to a dispute

regarding honours emoluments, perquisites, to which the Plaintiffs claimed to be entitled in the suit temple and on the usage regarding the same. The

devasthanam further pleads in its written statement that it has the right to do all that is necessary for the proper and efficient performance of the

services, and in case there is dispute between the villagers, it is open to the devasthanam to have the services rendered by sircar nominee.

The learned District Judge with reference to the question whether the suit falls within the purview of Section 63(e) expressed the view that the

question is essentially a matter that has got to be proved by the established usage in the institution and that is a matter that falls directly within the

scope of the latter part of Clause (e) of Section 63. He went on to say:

The controversy between the Plaintiffs on the one hand and the first Defendant oh the other is one that fells under the first part of the above clause,

the controversy being whether the elected person is entitled to do the service and receive the perquisites or whether the customary moopanar who

is generally held to be the leader of the community is entitled to that right.

In the circumstances he was of opinion that the authority competent to decide the dispute is the deputy commissioner u/s 63 of the Act, and the

suit would, therefore, be barred u/s 108.

I am afraid the view of the learned District Judge cannot be accepted. There is here no controversy about the office or the emoluments attached

to the office, in relation to the services rendered in exercise of the right under the office. The question as is clear from the pleadings, is confined to

the rival claims, whether the office of moopanar is vested in the community of pallars or whether the first Defendant is entitled to it as of right. The

second Defendant further claims that if, because of a dispute over the office, there is the necessity, it should be open to it to make arrangements for

doing the service by employing a sircar nominee. If there is no dispute as to the character of the office and the emoluments payable in respect of it,

I do not see how the controversy in the suit will fall within the purview of the first part or the second part of Section 63(e). Nowhere does it appear

from the pleadings either in the plaint or in the written statement that the usage or custom of the devasthainam governs the vesting of the right to the

office either in the community or in the first Defendant. No one says that, if a particular person is entitled to the office, is not also entitled to the

emoluments.

I am of the view, therefore, that where the controversy centres round as to which of the rival claimants to the office is entitled to it, it squarely

does not fall within the ambit of Section 63(e). In my opinion the principle of Sastri Ammal v. Pravcdavarna Naicker (1955) M.W.N. 865 will

govern the matter. The learned District Judge sought to distinguish this case on the ground that there it was the common case of both parties that

the office was hereditary. But the point was missed by him that here too there is no dispute as to the character or the existence of the office or the

right to emoluments attached to the office, and the only controversy is as to which of the rival claimants to the office should succeed. That is a

matter for the civil Court.

The petition is allowed. No costs.