ARULMIGHU DHANDAYUTHAPANI THIRUKOIL PALANI Vs. CHELLAPPAN (DIED)

JUDGEMENT

(1.) Arulmighu Dhandayuthapani Thirukoil, Palani is the Petitioner herein, who is an Objector and third party before the Execution Court.

(2.) This Petition is filed to set aside the fair and decreetal order dtd. 10/8/2004 made in E.A.No.37 of 2002 in E.P.No.258 of 1999 on the file of the District Munsif Court, Udumalpet.

(3.) (a).The case of Petitioner is that the properties measuring to an extent of 50 cents in S.F.No.703/3D and an extent of 6 acres in S.F.No.706/2 in Mivadi Village, Udumalpet Taluk is absolutely belong to the Petitioner temple. The title of the temple was declared by the competent Civil Court and this Court also upheld the same. The 2nd respondent herein initiated proceedings before the Record Officer namely the Tahsildar, Udumalpet to register his name as cultivating tenant and the same was also ordered on 29/7/1997 in T.R.No.37 of 1993. In the above circumstances, by suppressing the title of the temple, the 1st respondent herein claiming himself as the owner of the property had executed a mortgage on 31/8/1988 in favour of the 2nd respondent herein for Rs.15,000.00. Subsequently to defeat the claim of the temple a petition for redemption of mortgage in O.P.No.4 of 94 before the District Munsif Court, Udumalpet was filed and the same was decreed on 13/10/1995.