K.V.P.SOMASUNDARAM Vs. SUBRAMANIA GOUNDER

JUDGEMENT

(1.) The subject matter of the Second Appeal pending before this Court is the property alleged to be held by the Arulmigu Koppa Nachiamman and Madhala Nachiamman Temple. In connection with the property, four suits were laid before the Sub Court, Udumalpet between the year 1986 and 1989. The main contestant in this matter is one Nachimuthu Gounder, who is the plaintiff in O.S.No.167 of 1986 and one of the defendant in other three suits O.S.Nos.179 of 1986, 185 of 1989 and 319 of 1989.

(2.) The basic admitted facts pleaded by the parties in these four suits is that the property owned by the Nachia amman and Madhala Nachiamman koil. The land was leased out to the parties. The electricity connection for the suit land stands in the name of the temple. As per the plaint in O.S.No.167 of 1986 one Subbay Gounder was looking after the affairs of the temple as the trustee of the temple. After his death, his sons are looking after the affairs of the temple.

(3.) The contention raised by the plaintiff in O.S.No.167 of 1986 was resisted by the temple and other respondents stating that the plaintiffs were never the tenants.