LAWS(MAD)-2010-7-565

VEDARANYESWARASAMI DEVASTHANAM VEDARANYAM Vs. MOHAMMED MARIAM

Decided On July 22, 2010
SRI VEDARANYESWARASAMI DEVASTHANAM, VEDARANYAM, BY ITS EXECUTIVE OFFICER Appellant
V/S
MOHAMMED MARIAM Respondents

JUDGEMENT

(1.) THE Appellant/Plaintiff-s Temple has filed this Second Appeal S.A.No.231 of 1997 as against the Judgment and Decree dated 24.06.1996 in A.S.No.142/1995 passed by the Learned Subordinate Judge, NagapattInam in refusing to grant the relief of possession and also the claim of mesne profits.

(2.) THE Appellants/Defendants has preferred the Second Appeal S.A.No.812 of 1997 as against the Judgment and Decree dated 24.06.1996 in A.S.No.142/1995 passed by the Learned Subordinate Judge, NagapattInam in granting the relief of injunction in favour of the Appellant/Plaintiff-s Temple.

(3.) ACCORDING to the Learned counsel for the Appellant/Plaintiff-s Temple, the First Appellate Court has correctly held that the Appellant/Plaintiff-s Temple is entitled to the relief of Declaration since it is the owner of the suit property and also passed a Decree for permanent injunction restraining the Respondents herein from damaging the property but has declined to grant the relief of possession and mesne profits.