GANGAI VINAYAGAR TEMPLE Vs. MEENAKSHI AMMAL

JUDGEMENT

(1.) The appellants are the Trustees of Sri.Gangai Vinayagar Temple, Thirumudi Nagar, Pondicherry. They had executed a lease deed on 8.11.1967, marked as Ex.A-2, in favour of one Kanniah Chettiar, in respect of a plot of land on which the lessee was to erect a theatre. The lease was for a period of fifteen years, commencing from 1.1.1968. In that document, Ex.A-2, the persons executing the document as lessors are described as the President, Secretary, Treasurer and Member of the Trust Committee of Gangai Vinayagar Temple. It also contains a declaration that "the lessors in the above capacity have declared that the said immovable belongs to the said Gangai Vinayagar Temple".

(2.) The lessee having died after constructing the theatre, his widow filed a suit in O.S.125 of 1976, which suit came to be later renumbered as O.S.No.5 of 1978, impleading therein the temple as the first respondent and the members of the Trust Committee as persons representing the temple Trust. Three persons, who were alleged to be those to whom the site on which the theatre stood was sought to be sold by the Trustees, were also impleaded as defendants 7 to 9. The prayer made in that suit was for an injunction to restrain the defendants from interfering with the plaintiff's possession till the expiry of the period of lease. The title of the lessor was not questioned. It was alleged in the plaint that the proposed sale would be in breach of trust. In the written statement that was filed on behalf of the temple and the Trustees, it was specifically stated that

(3.) During the pendency of that suit, the Trustees instituted two other suits, which were numbered as O.S.Nos.6 of 1978 and 7 of 1978, claiming arrears of rent from the lessee. In those suits it was also alleged that the property had been sold to the defendants, impleaded as 7, 8 and 9 in the suit that had been filed by the lessee. The three suits were tried together, common evidence was recorded and a common judgment pronounced.