VIJAYAMANGALAM NAIDU Vs. M.MURUGESAN

JUDGEMENT

(1.) The plaintiffs are the appellants in this Second Appeal.

(2.) The plaintiffs filed the suit seeking for the relief of declaration to declare that they are the Managing Trustees, who are in control of the administration of the suit temple under the settlement deed dtd. 25/8/1947 and for a permanent injunction restraining the defendants from interfering with the administration of the Temple and restraining the defendants from occupying the suit Temple and the building attached to it. The plaintiffs also claimed for the relief of mandatory injunction to direct the defendants to hand over the keys of the suit Temple and building attached to it.

(3.) The case of the plaintiffs is that the suit Temple belongs to the Naicker Pangaligal. Originally, it belonged to one Sundaram @ Mennakshi Sundaram who was the Managing Trustee and the plaintiffs 2 to 5 are the family members of the Managing Trust. According to the plaintiffs, the properties were gifted by a settlement deed dtd. 25/8/1947, marked as exhibit A2. This settlement deed was executed by the grandfather of the plaintiffs, late Kuppusamy Naicker.