ARULMIGU SARAVANA PILLAIYAR TEMPLE Vs. K.AMUTHA

JUDGEMENT

(1.) This Second Appeal has been filed as against the judgment and decree dtd. 31/10/2019 passed by the learned Principal District Judge, Cuddalore, in A.S.No.66 of 2016, confirming the judgment and decree dtd. 1/8/2016 passed by the learned Principal Sub Judge, Cuddalore, in O.S.No.134 of 2010, thereby dismissing the suit filed by the appellant for declaration, delivery of possession, permanent injunction and mandatory injunction.

(2.) The appellant is the plaintiff and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) Resisting the same, the first defendant filed written statement and stated that there was an attempt made by the HR&CE Department to take over the suit property and hand it over to the Regional Transport Authority, Cuddalore, for construction of office building and house building. Therefore, the Manager of the private trust viz., Saravappa Naicken Dharma Chathiram filed suit in O.S.No.498 of 1992 and the same was decreed by the judgment dtd. 16/7/1993. However, the plaintiff temple is not situated in T.S.No.2669/1 and it is situated in T.S.No.2669/5. In order to sell the suit property, one of the legal heir viz., one Parthasarathy obtained persmission from the Court of law in O.S.No.290 of 1998 and executed the sale deed in favour of the first defendant. However, it was returned without registration and as such the first defendant was constrained to file Writ Petition in W.P.No.32553 of 2004 and as directed by this Court, the second defendant registered the sale deed. Therefore, the plaintiff has no title over the property.