Veeramachaneni Ramaswamy and Thirteen Ors. vs Soma Pitchayya and Others

Abdur Rahim, J.—The question is whether the worshippers of a temple can bring a suit for the declaration that a permanent lease granted to

the defendants, who are Archakas in possession of the property, is maintainable under Order I, Rule 8 of the Code of Civil Procedure.

The objection urged by the appellants is, that a suit for a declaration must conform to the terms of Section 42 of the Specific Belief Act; and

since the worshippers as a body or their representatives under Order I, Rule 8, cannot be said to have any right as to property within the meaning

of Section 42 of the Specific Relief Act, the suit is not maintainable. No authority has been cited for the appellants in support of this proposition: on

the other hand, the ruling of the Privy Council in Robert Fisher v. The Secretary of State for India in Council ILR (1899) Mad. 270 suggests that

Section 42 of the Specific Relief Act is not exhaustive of cases in which declaratory suits may be maintained, and it was held by a Full Bench of

this Court in Venkataramana Ayyangar v. Kasturiranga Ayyangar ILR (1917) Mad. 212, that such a suit as this is maintainable, though the

question whether it came within the provision of Section 42, Specific Relief Act, was not raised then. There is also a ruling of this Court--

Chidambaranatha Thambiran v. Nallasiva Mudaliar ILR (1918) Mad. 124--where a suit by the disciples of a mutt was held to be maintainable

under Order I, Rule 8, for a declaration as to the invalidity of an alienation of the mutt property. We hold that the suit was maintainable.