CHANDRAN Vs. KARIKODE NADUVILETHADAM BHAGAVATHI MARIAMMAN TEMPLE

JUDGEMENT

(1.) The appellants are the defendants 1 to 4 and the respondents are the plaintiffs & the 5th defendant in O.S No. 1132/2015 before the Trial Court.

(2.) The 1st plaintiff is a Temple represented by its Secretary and the 2nd plaintiff is a Society represented by its Secretary. OS 1132/15 was filed by the plaintiffs seeking a declaration of title and permanent prohibitory injunction with respect to the plaint schedule property of 2.5 cents of land. According to the plaintiffs, the 1st plaintiff temple came into existence under the leadership and supervision of the 2nd plaintiff in the year 1985. The 1st plaintiff - Temple is in the management of the 2nd plaintiff. The defendants are also members of the 2nd plaintiff. They were the office bearers of the 2nd plaintiff for a certain period. The plaint schedule property of 2.5 cents, is a Temple/Kavu dedicated by one Sri.Mani @ Ponnan and Smt.Lakshmi Ammal as per Ext.A1 and A2 unregistered documents dtd. 26/11/1995. The 2nd plaintiff Society took possession of the plaint schedule property, used to conduct poojas and other religious ceremonies in the plaint schedule property. The plaintiffs have got absolute title and ownership over the plaint schedule property by the law of adverse possession and limitation.

(3.) The defendants 1 to 4 are the children of the said Lakshmi Ammal and the 5th defendant is the said Sri.Mani @ Ponnan. They resisted the suit. The defendants 1 to 4 filed a Written Statement, contending inter alia that they derived title and possession of the plaint schedule property as per Ext.B1 document executed by Smt.Lakshmi Ammal. They are also devotees of the 1st plaintiff temple. The plaint schedule property is situated 1.5 km away from the 1st plaintiff temple. The plaintiffs never acquired possession of the plaint schedule property.