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Uppangala Subraya Bhatta and ors. Vs. Bedradi Subraya Bhatta and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.57
AppellantUppangala Subraya Bhatta and ors.
RespondentBedradi Subraya Bhatta and ors.
Cases ReferredSee Sankaralinga Narain v. Rajeswara Dorai
Excerpt:
civil procedure code (act xiv of 1882), section 11 - caste matters-order of the spiritual head of a community restoring a person to caste--claim for injunction restraining the person restored to caste from entering temple--civil rights--cause of action--jurisdiction of civil courts. - - k 293 and that vice versa the authorities of the temple may equally well maintain a civil suit for injunction and damages against a person who enters without a legal right to do so......and damages against a person who enters without a legal right to do so. temple case see sankaralinga narain v. rajeswara dorai 31 m.k 236.2. the declaration made by the judge in favour of the 2nd defendant must be struck out.3. the second appeal is dismissed with.....
Judgment:

1. The plaintiffs allege no cause of action against the defendants. The mere fact that the 2nd defendant passed an order restoring the 1st defendant to his caste would not give the moktesars of the temple any right of civil action. That the 1st defendant's son entered the temple is no ground of action against the father. We must dismiss the second appeal with costs on this ground. We may, however, point out to the Judge that the right of entry into a temple for worship is a Civil right, Venkatachalapati v. Subbarayadu 13 M.k 293 and that vice versa the authorities of the temple may equally well maintain a Civil suit for injunction and damages against a person who enters without a legal right to do so. Temple case See Sankaralinga Narain v. Rajeswara Dorai 31 M.k 236.

2. The declaration made by the Judge in favour of the 2nd defendant must be struck out.

3. The second appeal is dismissed with costs.


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