ARULMIGHU VINAYAGAR KOVIL Vs. SUB DIVISIONAL ENGINEER

JUDGEMENT

(1.) THE Appellant/Plaintiff (Temple) has filed the present Second Appeal as against the Judgment and Decree dated 07.12.1998 passed by the Learned II Additional District Judge, Coimbatore in A.S.No.101 of 1998 in reversing the Judgment and Decree dated 17.12.1997 in O.S.No.2152 of 1993 passed by the Learned II Additional District Munsif, Coimbatore.

(2.) THE 1st Appellate Court, while passing the Judgment in A.S.No.101 of 1998 on 07.12.1998 in the Appeal has inter alia observed that the Appellant/Plaintiff has not proved that it has acquired adverse possession in respect of the suit property and further, opined that in the suit property though there is a temple, the same is to be called as in Siruvani Highways and there is no document to describe as temple property and moreover, the trial Court has no territorial jurisdiction as per Section 14 of THE Tamil Nadu Land Encroachment Act, 1905 to hear the suit and resultantly, set aside the portion of the Judgment and Decree of the trial Court and dismissed the Appeal without costs. Finally, the suit in O.S.No.2152 of 1993 on the file of the trial Court has been dismissed in toto.

(3.) AT the time of Admission of the Second Appeal, this Court has framed the following substantial questions of Law: