SAYARAKSHAI KATTALAI AND ARTHAJAMA KATTALAI ATTACHED TO ARULMIGU KAYAROGANASWAMY AND NEELAYADAKSHI AMMAN THIRUKOIL NAGAPATTINAM Vs. R RADHAKRISHNAN

JUDGEMENT

(1.) THE plaintiff, who is unsuccessful before the trial Court, is the appellant in this appeal. Pending the suit the first defendant died and the third defendant had been impleaded as his legal heir. This appeal which was originally dismissed for non-prosecution but restored, came up for hearing.

(2.) HEARD Mr.R.N.Kothandaraman, learned counsel appearing for the appellant and Mr.Ashok Viswanathan, learned counsel appearing for the 2nd respondent. For convenience, the parties shall be referred as arrayed before the trial Court.

(3.) ACCORDING to the plaintiff, neither the first defendant nor the 2nd defendant have any title or right to the plaint "A" schedule. The sayarakshai kattalai has no other property or income excepting the "A" schedule property. The plaintiff temple issued a notice and thereafter had filed the present suit. Along with the plaint, the plaintiff produced two documents, namely, order of appointment of Executive Officer for the plaintiff temple and the proceedings of the Deputy Commissioner dated 7.1.1981.