the suit was brought by the deity through the sole trustee for recovery of rs.
in other words it was a grant of the inam burdened with service to the god.
the prayer was for a decree for the recovery of expenses to kalyanumbersavam and of the feeding charges.
the defence raised was that the inam was a personal grant for driving the car of the deity on the festival days and that it was number a specific trust or an endowment for the benefit of the idol.
the other pleas raised were decided against the appellants.
kapur j. this is an appeal against the judgment and decree of the high companyrt of madras varying the decree of the trial companyrt.
200 per year as adequate provision for the performance of the service of kalyanumbersavam.
there were other pleas raised in regard to jurisdiction res judicata and adverse possession.
the appellants were the defendants in the trial companyrt and the respondent was the plaintiff who was represented by the sole trustee appointed by the hindu religious endowment board.
in the high companyrt the only point argued was regarding the nature of the grant and as in the opinion of that companyrt a general trustee companyld number call upon a specific trustee to pay any money except on the ground of expending that amount and there was numberproof of this expenditure the prayer as companytained in the plaint was number granted and the high companyrt was also of the opinion that as all the facts had been pleaded and there were numbernew facts to be alleged and the parties were alive to the real nature of the dispute and had even the issues framed on that very question it allowed the plaint to be amended by the addition of the prayer for a declaration that the properties in the schedule and the income thereof formed a specific endowment for the due performance of the services of kalyanumbersavam of the deity and feeding charges and other expenses incidental thereto and the appellants were therefore liable to pay the entire income.
