AIR 1940 MADRAS 208

Madras High Court

Hon'ble Judge(s): Venkataramana Rao , J

(A) Adverse Possession - Public temple - Private individual cannot acquire by prescription any private ownership regarding public temple. A public temple being 'res extra commercium' it is not open to a private individual to acquire by prescription any private ownership in regard thereto. The character of the temple as a public temple cannot be taken away by any assertion of private right.(Para 208C2) (B) Adverse Possession - Temple - Archakas of subordinate temple openly setting up exclusive right to possession and management of temple adverse to right of management of trustees of main temple - Trustees have no right to oust such archakas. Where archakas of a subordinate temple have been openly setting up exclusive right to the possession and management of the temple adverse to the right of the management which may inhere in the trustees of the main temple, they acquire the right of being hereditary archakas of the temple and as such to be in possession and management of it. They are therefore entitled to be in possession of the said temple, to perform the puja and appropriate the perquisites and offerings offered at the temple for their own use subject of course to the obligation of performing the puja. The trustees have no right to interfe....