R.SURENDRAN Vs. ARULMIGHU EKAMBARESWARAR THIRUKOLI

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated August 23, 2016 passed in A.S.No.594 of 2008 by the 'learned XVIII Additional Judge, XVIII Additional City Civil Court, Chennai' ['First Appellate Court' for short] whereby the Judgment and Decree dated October 6, 2007 passed in O.S.No.4736 of 2005 by the 'learned II Assistant Judge, II Assistant City Civil Court, Chennai' ['Trial Court' for short] was confirmed.

(2.) Originally, one Rose Gramani was the sole defendant. During the pendency of the first appeal under Sec. 96 of the Code of Civil Procedure, 1908, he passed away and hence, his three sons were brought on record as his legal heirs / representatives, as Appellant Nos. 1 to 3 before the First Appellate Court. For the sake of convenience, hereinafter, the 1st Respondent herein - Temple will be referred to as the 'plaintiff', the said 'Rose Gramani' will be referred to as the 'sole defendant'.

(3.) The Suit Property is the land admeasuring approximately 2500 sq.ft., located at Plot No.116, Door No.305, Poonamallee High Road, Aminjikarai, Chennai-600 029, and comprised in Survey No.70/2, Town Survey No.2. The Suit Property is owned by the plaintiff - 'Arulmighu Ekambareswarar Thirukoil', which is a Hindu religious temple under the control of the 'Hindu Religious and Charitable Endowments Department' ['HR & CE Department' for brevity]. The Suit Property was originally leased out to one Audilakshmi Ammal on the condition that no permanent structure shall be put up in the land nor any additions or alteration be executed, without written approval from the plaintiff and the HR & CE Department.