AMMASAI NADAR Vs. M KANNAIYAN

JUDGEMENT

(1.) THE second defendant is the appellant.

(2.) THE respondents/plaintiffs filed the suit for framing a scheme and to remove the defendants from the suit property and that suit was dismissed and the appeal filed by the respondents/plaintiffs was allowed and hence, the second appeal is filed by the second defendant.

(3.) THE Trial Court, after relying upon the judgment in SRINIVACHARIAR v. RAMANUJAM AND OTHERS (1986 (1) MLJ 337), held that there was no dedication of the property to the temple and the document of the year 1958 executed by Kaveriammal only created a charge upon the property for performing certain charities and it is not a religious charity and only for the purpose of giving water, the charge was created and therefore, the sale of that property by Kaveriammal is valid and the second defendant gets the property with a charge created upon the same and the second defendant has to perform the charity and therefore, the suit as framed is not maintainable.