LAWS(MAD)-2021-7-192

ARULMIGHU PATTESWARAR DEVASTHANAM Vs. PUSHPAVALLI

Decided On July 22, 2021
Arulmighu Patteswarar Devasthanam Appellant
V/S
PUSHPAVALLI Respondents

JUDGEMENT

(1.) This Second Appeal has been filed challenging the reversal findings of the Lower Appellate Court by its Judgment and Decree dated 21.02.2007 passed in A.S. No.153 of 2006 reversing the findings of the Trial Court, which dismissed the suit O.S. No.2411 of 2004 by its judgment and decree dated 04.04.2005.

(2.) The appellant-Temple is the first defendant in the suit O.S.No.2411 of 2004. The suit was filed by the first respondent seeking for permanent injunction restraining the defendants from forcibly evicting her from the suit schedule property except under due process of law. The second respondent in this appeal is the second defendant in the suit.

(3.) It is the case of the first respondent /plaintiff as seen from the plaint filed in O.S. No.2411 of 2004 that she is in possession of the suit lands measuring 1.03 acres in S.F. No.400 and 0.27 acres in S.F. No.402/2 of Perur Village, Coimbatore for the past 30 years (hereinafter referred to as the suit schedule property).