ARULMIGU AGNEESWARA SWAMIGAL THIRUPUGALUR Vs. G SHANMUGAM

JUDGEMENT

(1.) THE Appellant/Plaintiff (Temple) has filed the present Second Appeal as against the Judgment and Decree dated 28.01.1998 in A.S.No.36 of 1997 passed by the Learned Additional District Judge, Nagapattinam in reversing the Judgment and Decree dated 24.06.1996 in O.S.No.255 of 1995 passed by the Learned District Munsif, Nannilam.

(2.) THE First Appellate Court, viz. the Learned Additional District Judge, Nagapattinam, while passing the Judgment in A.S.No.36 of 1997 on 28.01.1998, has opined that the lease of fishery right for the Fasli year 1404 was not at all enjoyed by Appellant/Defendant even after Ex.A2 dated 17.02.1995 and such fact was not communicated to the Hindu Religious & Charitable Endowment Board. Such being the position, the Appellant's (Temple) claim in Second Appeal for the lease amount of Rs.13,000/- for the Fasli year 1404 from the Respondent/Defendant cannot be executed in any manner and further observed that no specific full fledged lease was granted to the Appellant/Defendant for the Fasli year 1404 by the Respondent/Plaintiff (Appellant/Temple) and he never enjoyed the same in any manner and consequently allowed the Appeal with costs, thereby setting aside the Judgment and Decree of the trial Court dated 24.06.1996 in O.S.No.255 of 1995.

(3.) AT the time of admission of the Second Appeal, this Court has formulated the following Substantial Questions of Law for consideration :