SRIVEDAPURISWARASWAMI TIRUVEDUKUDI Vs. SHEIK FARID

JUDGEMENT

(1.) THESE two second appeals are directed against the judgments and decrees in a. S. Nos. 47 and 56 of 1968 respectively in O. S. Nos. 119/67 and 120/67 respectively. Sri Vedapuriswamy, Thiruvedhukudi is the plaintiff-appellant in these two appeals. The plaintiff-temple instituted two suits, viz. first two out of 4, i. e. , o. S. Nos. 119 to 120 of 1967 on the file of the District Munisif Court, Tiruvaiyaru against the persons in possession for recovery of possession and profits. The defendants raised various pleas and resisted the plaintiff's case. The parties have endorsed to the effect that common questions of law and fact arise for determination in the suits. Therefore, these suits were tried together and the evidence recorded in O. S. No. 119/67 was treated as evidence in the other four suits. After the trial, the suits were decreed with costs directing the defendants to deliver possession of the suit lands to the plaintiff, delegating the question of determination of past and future profits to separate enquiry under O. 20, R. 12 of the Civil P. C.

(2.) AGGRIEVED by these decision, the second defendant in O. S. No. 119/67 has preferred an appeal before the Subordinate Judge, Thanjavur. The learned subordinate Judge considered the history of the grant of the lands in question from the year 1839 and also the history of the earlier suits and gave the following findings 1. That the plaintiff is entitled to the suit lands; 2. the plaintiff's right title and interest have not been lost and the plaintiff is not entitled to recover possession of the suit land from the defendants;

(3.) THAT the defendants have no permanent occupancy rights in the suit lands;