A. RAJU Vs. A. KUPPANNAN

JUDGEMENT

(1.) The Appellants are the legal heirs of the sole plaintiff in the original suit. Claiming title over 0.38 cents of land more fully described in the plaint schedule, the suit was filed for declaration of title and injunction. Later, the plaintiff amended his prayer for the additional relief of mandatory injunction to remove the superstructure put up by the defendants on the suit land and to deliver the possession. The trial Court dismissed the suit and the first appellate Court confirmed it. Hence, this second appeal is filed against the concurrent findings of the Courts below. Pending appeal, the sole appellant died and his legal representatives are Appellants 2 and 3. Like wise, pending appeal, the second and third defendants died. Their legal representatives were brought on record. The first defendant remained ex-parte throughout, hence given up.

(2.) The facts necessary to decide this second appeal are as below:-

(3.) The first defendant remained exparte. The second and third defendants contested the suit, claiming that neither the plaintiff nor his predecessors in title had any right over the suit property. Atleast for 50 years the possession is not with them. The Mahaliamman temple is in the suit land. The said temple is in existence for more than 100 years. The portion mentioned as foundational construction is part of the temple. The temple belongs to a particular community of the village. Open and hostile to the real owner the temple and the land around is under their administration. Recently, the villagers formed a committee to renovate the temple and from the donations collected from public, the committee had renovated the existing temple and conducted Kumbabiseham. The yaga gundam and bothi stone are in the suit land. Idol installed and daily worship is carried on by the villagers.