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Desai Kuppuswami Chetty and anr. Vs. K. Seshadri Iyengar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.829
AppellantDesai Kuppuswami Chetty and anr.
RespondentK. Seshadri Iyengar and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 574 - judgment by appellate court--conformity with law. - .....the temple and whether the honours and emoluments set out as appertaining to the katlais are claimable by the plaintiffs. we reverse the decree of the district judge and remand the case for disposal according to law. the costs here will abide and follow the.....
Judgment:

1. The plaintiffs claim to be entitled to perform certain katlais in the suit temple. The trustees of the temple cannot prevent the plaintiff's performance of the services referred to if they have immemorially done so. The District Judge who has reversed the Munsff's decision has not written a judgment in conformity with the requirements of Section 574 of the Code of Civil Procedure, (Order XLI, Rule 31 of the New Code). He must decide whether the plaintiffs have the right they set up of performing the katlais whether the defendants Nos. 4, 5 and 6 are members of the plaintiff's community entitled to the rights of that community in the temple and whether the honours and emoluments set out as appertaining to the katlais are claimable by the plaintiffs. We reverse the decree of the District Judge and remand the case for disposal according to law. The costs here will abide and follow the result.


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