ANNAMALAI Vs. GOVINDAN

JUDGEMENT

(1.) The Appellant/Hereditary Trustee of Plaintiff's Temple has filed this second appeal against the Judgment and Decree dated 26.06.1991 in A.S.No.79 of 1981 passed by the Learned Principal Sub Judge, Cuddalore.

(2.) The Learned First Appellate Authority viz., the Principal Sub Judge, Cuddalore in the Judgment in A.S.No.79 of 1991 dated 26.06.1991 has among other things observed that 'the Appellant/Hereditary Trustee has failed to prove that the suit property belonged to the Plaintiff's Temple and further, the Plaintiff Temple also failed to prove that the Defendants have default in regard to the payment of rent and added further, it has held that the Defendants have acquired adverse possession by virtue of long enjoyment in the suit property and also has come to the conclusion that the suit is barred by limitation and as such, the Plaintiff/Temple is not entitled to get the relief of recovery of possession and mesne profits and ultimately dismissed the appeal with costs.'

(3.) The trial Court has framed six issues for trial. On behalf of the Appellant/Plaintiff, witness P.W1 has been examined and Exs.A1 to A22 have been marked. On the side of the Defendants, D.Ws.1 to 7 have been examined and Exs.B1 to B54 have been marked. Also, the Commissioner's Report and Plan have been marked as Ex.C1 and Ex.C2.