LAWS(MAD)-2021-1-60

ARUNAN Vs. ARULMIGU NAGESWARASWAMY DEVASTHANAM

Decided On January 07, 2021
Arunan Appellant
V/S
Arulmigu Nageswaraswamy Devasthanam Respondents

JUDGEMENT

(1.) The plaintiffs in O.S.No.152 of 1997 on the file of the I Additional District Munsif, Kumbakonam have come up on appeal challenging the affirmation of the dismissal of their suit for permanent injunction by the learned Principal Sub Judge, Kumbakonam in A.S.No.134 of 2003.

(2.) The plaintiffs sued for injunction contending that they are sublessees under the original lease holders of the temple. Contending that the temple is attempting to dispossess them by use of force, the plaintiffs sought for injunction.

(3.) The suit was resisted by the defendant/temple contending that the plaintiffs' possession is illegal since subleasing of the property is prohibited under the document dated 14.10.1983 in and by which the temple decided to alienate the properties in question by way of lease in favour of its employees. At trial, the second plaintiff was examined as P.W.1 and Exts.A1 to Exts.A12 were marked. One Chockalingam, the clerk of the temple was examined as D.W.1 and Ex.B.1 was marked.