M.S. V. RAJA AND ANR. versus SEENI THEVAR AND ORS.

M.S. V. RAJA AND ANR. versus SEENI THEVAR AND ORS.

In absence of evidence of establishment by the appellants and given construction on 'parampokh' land, the temple is presumed public. The appellants retain right of management, but this does not prevent the Department from exercising statutory powers. Relief for injunction regarding pooja by pandarams is not sustainable as their claim was previously rejected and no pleadings or evidence support such relief.

Parties
Appellant: M.S. V. Raja; Respondent: Seeni Thevar and Others; Respondent: Hindu Religious & Charitable Endowment Department
Jurisdiction
India
Judgment Date
14 August 2001
Procedural Posture
Civil Appeal and Special Leave Petition / Supreme Court Final Appellate Judgment
Outcome
Appeal and Special Leave Petition disposed of.
Legal Topics
Management of Temple, Hereditary Right, Public Temple Presumption, Substantial Question of Law, Res Judicata
Hindu Law Civil Procedure Management of Temple Hereditary Right Public Temple Presumption Substantial Question of Law Res Judicata

Case Brief

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Parties

M.S. V. Raja

Appellant

Seeni Thevar and Others

Respondent

Hindu Religious & Charitable Endowment Department

Respondent

Procedural Posture

Civil Appeal and Special Leave Petition / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether the suit temple is a public temple
  2. 2 Whether the appellants have the right of management and administration
  3. 3 Whether injunction restraining appellants from interfering with worship/poojas by pandarams as per usage could be granted

Ratio Decidendi

In absence of evidence of establishment by the appellants and given construction on 'parampokh' land, the temple is presumed public. The appellants retain right of management, but this does not prevent the Department from exercising statutory powers. Relief for injunction regarding pooja by pandarams is not sustainable as their claim was previously rejected and no pleadings or evidence support such relief.

Court Disposition

Appeal and Special Leave Petition disposed of.

Orders

  • Temple declared public temple
  • Appellants (Rajus) retain right of management, subject to statutory powers of Department