MURUGESAN Vs. RAMDAS

JUDGEMENT

(1.) The revision has been filed against the order and decree passed by the District Munsif, Tiruvarur dtd. 20/1/2017 in I.A.No. 410 of 2013 in O.S.No.165 of 2013 dismissing the petition filed under Order I Rule 8 CPC.

(2.) The petitioners are the plaintiffs in the suit.

(3.) The plaintiffs had filed the suit on behalf of themselves and the Mirasudars and village representatives of Pullatheru Village. The suit -A- schedule properties in the Sundaravilagam revenue village are administered by the village Mirasudars and the villagers of Pullatheru Village for the expenses of the Arulmighu Pidari Mayiliamman temple. The suit -B- schedule properties belong to the village community and -C- schedule properties are the water bodies in the village. The fishing rights of -C- schedule properties have been with the villagers and the income derived therefrom was used for the public purposes and the welfare of the village. Since the above properties were not properly maintained by the earlier Administrator Manicka Vanniar, the Mirasudars and villagers of Pullatheru village had earlier filed a suit in O.S.No.301 of 1975 for production of accounts and mesne profits. The said suit was decreed in favor of the Mirasudars and villagers on 30/6/1977 and against that judgment decree, the said Manicka Vanniar filed first appeal in A.S.No.171 of 1977 which was dismissed on 3/3/1978. Against the dismissal of the first appeal, the said Manicka Vanniar filed second appeal in S.A.No.1742 of 1979 and the second appeal was also dismissed by this court on 26/10/1979. Thereafter, an Execution Petition was filed and the properties belonging to the villagers were recovered and handed over to the villagers. -A- schedule properties were administered and maintained by the Mirasudars and villagers by the elected Committees and the income derived from the properties were used for the expenses of the temple and the income derived from the -B- schedule and -C- schedule properties were used for the public purposes of the village.