AIR 1917 MADRAS 11(2) ::AIR 1917 MADRAS 112 ::(1917) 5 Mad LW(136) 625 ::(1934) 40 Mad LW(136) 212 ::(1916) 31 Mad LJ(134) 777 ::1934 (40) Mad LW 212 ::1917 (5) Mad LW 625 ::1916 (31) Mad LJ 777 ::1917 Mad WN 400

Madras High Court

Hon'ble Judge(s): Abdur Rahim, Seshagiri Aiyar, Phillips , JJJ

(A) Civil P.C. (5 of 1908) , S.92— Suit against stranger is outside S. 92. Per Curiam (Seshagiri Aiyar and Phillips, JJ., dubitante).-Suits in which relief is asked for against strangers to a public, religious or charitable trust, whether they are alienees from the trustees or trespassers, are outside the purview of S. 92, Civil P. C.: Case-law reviewed. (B) Civil P.C. (5 of 1908) , S.92— Alienation by Temple Committee of offerings to deity is invalid-Suit for declaration of its invalidity without sanction is maintainable. Par Coutts-Trotter and Seshagiri Aiyar, JJ. (in the Order of Reference)-The money offerings by pilgrims belong to the deity and the Archakas have no proprietary interest in them. The Davasthanam Committee has not power to lease or alienate them, and such alienation, in so far as it relates to future income, gives rise to a fresh cause of action on each successive act of appropriation by the alienee. A trustee has no right to part with temple income permanently. Benefit to the institution and justifiable necessity are the criterion to be applied in dealing with alienation of temple property. Time cannot convert violation of law into a recognizable custom. Certain worshippers of a temple sued the temple committe....