ARULMIGU KAPALEESWARAR TEMPLE MYLAPORE Vs. S VALAGURUSWAMY

JUDGEMENT

(1.) THE Appellant/Plaintiff has filed the present Appeal before this Court as against the Judgment and Decree dated 26.11.2001 in O.S.No.15869 of 1996 passed by the Learned IV Additional Judge, City Civil Court, Chennai.

(2.) THE trial Court viz., the Learned IV Additional Judge, City Civil Court, Chennai, on an appreciation of oral and documentary evidence available on record, while passing the Judgment in O.S.No.15869 of 1996, dated 26.11.2001, has among other things observed that 'the Appellant/Plaintiff/Temple has not established that the suit Survey No.4123/3 has been let out to Vedachalam on lease and further, the extent of the property has not also been established and moreover, no document has been produced to prove that the Respondent/ Defendant is an encroacher and resultantly has come to the conclusion that the Appellant/Plaintiff/Temple is not entitled to claim the relief of recovery of possession of the suit Property from the Respondent/Defendant and dismissed the suit without costs.

(3.) BEING dissatisfied with the dismissal of the suit, the Appellant/Plaintiff/Temple has preferred the present Appeal as an aggrieved person as against the Judgment and Decree of the trial Court dated 26.11.001 in O.S.No.15869 of 1996.