MUTHAMILSELVAN Vs. A. MANICKAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to set aside the judgment and decree dated 16.4.2004 rendered in O.S.No. 144 of 2003 by the Court of District Munsif, Melur.

(2.) TRACING the history of the above Civil Revision Petition coming to be filed by the defendants in the suit, it comes to be known that the respondents herein have filed the suit in O.S.No. 144 of 2003 on the file of the Court of District Munsif, Melur for declaration of their right to enjoy the benefits of the honour in the temple of Sri Periyapanaiyur Ayyanar, Attapatti by rotation and for permanent injunction restraining the defendants from in any manner interfering with the rights of the plaintiffs. It further comes to be seen that during the course of trial, the defendants have filed a petition in I.A.No. 426 of 2004 unter Order 14, Rule 5 and Section 151, C.P.C. praying to frame an additional issue relating to the jurisdiction of the trial Court to try the suits in respect of Honours in the temple and the trial Court having conducted a thorough trial into the matter, wherein on behalf of the plaintiffs four witnesses would be examined for oral evidence as P.Ws.1 to 4 and nine documents would be marked for documentary evidence as Exs.A.1 to A.9 and on behalf of the defendants, ten witnesses would be examined for oral evidence as D.Ws.1 to 10 and forty documents would be marked as Exs.B.1 to B.40 for documentary evidence and in consideration of all these materials placed on record, the trial Court besides holding that the suit is maintainable has also decreed the suit. Aggrieved, the defendants have come forward to file the above Civil Revision Petition on certain grounds as brought forth in the grounds of Revision.

(3.) THE learned counsel for the revision petitioners would further cite a judgment delivered by a learned single Judge of this Court way back in the year 1932, in Chitti Babu Mudaliar v. A.Venkatasubbu Mudaliar and Anr : AIR1933Mad264 , wherein it has been held: