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Sundaram Iyer and anr. Vs. Venkateswara Iyer and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.391
AppellantSundaram Iyer and anr.
RespondentVenkateswara Iyer and ors.
Cases ReferredSrinivasaswami v. Ramanuia Chariar
Excerpt:
right of suit - suit for removal of officers of a temple--suit by some of the trustees--other trustees not consulted--maintainability of suit. - 1. this suit is to remove defendants nos. 1 and 2 from the offices of kishi and pattola of a village devasom. the plaintiffs are some of the urallars. defendants nos. 5 to 33 are the other urallars of the temple. defendants nos. 1 and 2 had no hereditary right. they are liable to be removed by the urallars. the plaintiffs are only a small minority of the whole body. they took no steps to remove them and they did not consult the other urallars it is not alleged that the trustees defendants are acting in collusion with the kishi and pattola. the plaintiffs cannot throw upon the court the duty which lay on them; srinivasaswami v. ramanuia chariar 22 m. 117.2. on this short ground, the suit fails and the second appeal must be dismissed with costs.
Judgment:

1. This suit is to remove defendants Nos. 1 and 2 from the offices of Kishi and Pattola of a village Devasom. The plaintiffs are some of the Urallars. Defendants Nos. 5 to 33 are the other urallars of the temple. Defendants Nos. 1 and 2 had no hereditary right. They are liable to be removed by the urallars. The plaintiffs are only a small minority of the whole body. They took no steps to remove them and they did not consult the other urallars It is not alleged that the trustees defendants are acting in collusion with the Kishi and Pattola. The plaintiffs cannot throw upon the Court the duty which lay on them; Srinivasaswami v. Ramanuia Chariar 22 M. 117.

2. On this short ground, the suit fails and the second appeal must be dismissed with costs.


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