AIR 1908 PRIVY COUNCIL 38

Privy Council

(From:the High Court of judicature at Madras)

Hon'ble Judge(s): Lord Robertson, Lord Atkinson, Lord Collins, Sir Andrew Scoble, Sir Arthur Wilson , JJJ

Hindu Law - Religious endowment - Exclusion of person belonging to Nadar or Shanar caste from entering and worshipping in a temple at Kamudi - Proof of custom - Compromise by trustee plaintiff after obtaining decree - Breach of trust In a suit by the hereditary trustee of the temple in suit, dedicated to worship of Shiva, to exclude the appellants, representing the Nadar or shanar caste, from entering and worshiping therein. It is alleged by the respondents that the presence of persons belonging to the appellants' caste is repugnant to the religious principles of the Hindu worship of Shiva and to the sentiments of the caste Hindus who worship in this temple, and that it is contrary to custom in this temple. Respondents have succeeded in proving is that by custom the appellants are not among the people for whose worship this particular temple exists, the suit was decreed. After the case had been decided in his favour by the Subordinate Judge, this person thought fit to profess that he now saw that he and the judge were wrong; and he asked that the judgment should be altered, so as to defeat his own action. A very sordid motive for this surrender was specifically asserted and has not been disproved. .....