R MARIMUTHU CHETTIAR Vs. G VENKATESAN

JUDGEMENT

(1.) This second appeal has been brought by the plaintiffs 1, 2, 4 and 5/appellants herein challenging the judgment and decree passed by both the Courts below.

(2.) A brief fact leading to the filing of the second appeal is given as under:-

(3.) It has been mentioned briefly by the plaintiffs/appellants herein that the suit property in S.No.9/1 measuring 0.31.5 Hectares (78 cents) is absolutely belonging to Arulmighu Subramania Samy Koil alias Sri Kandasamy Bajanai Madam of Chinnappampatt village, Omalur Taluk and the temple being an ancient one, has been in existence for the past more than 200 years, which is belonging to Ariyavaishiyar community and they formed into Sangam and elected plaintiffs 1 to 5 as their office bearers and they are called as 'Settumai' of their community in the village and they used to look after all the social functions and the temple and its properties by regularly performing the daily pooja and celebrating the festivals and worshipping the God Sri Subramania Swamy and all are residing in Chinnappampatt village, Omalur Taluk. As the plaintiffs 1 to 5 are office bearers, they are called as 'Settumai' of their community in the village and they used to look after all the social functions and the temple and its properties by regularly performing the daily pooja and celebrating the festivals and worshipping the God Sri Subramania Swamy. Hence they are entitled to file the suit for the abovesaid reliefs.