IDOL OF SRI PARIPOORANA VINAYAGAR Vs. MAHAMANI DIED

JUDGEMENT

(1.) THIS second appeal is preferred against the order of judgment and Decree of the First Additional Subordinate Court, Trichy, passed in A. S. No. 61/1982, reversing the Judgment and Decree of the learned District munsif, Trichy, made in O. S. No. 1949/1949 and dismissing the suit. The plaintiffs are the Appellants.

(2.) THE Suit Property relates to a site in T. S. No. 339/1, Convent Road , Trichy. It comprises of a Temple called Paripoorana Vinayagar Temple [herein after referred to as 'the suit Temple '] and a thatched shed thereon, bearing D. No. 12/d1.

(3.) THE Lower Appellate Court reversed the Judgment of the trial Court finding that the Plaintiffs have not proved that they are elected as the President and Vice President of the Welfare Committee. THE Lower appellate Court raised doubts regarding the writings in Ex. A-2 Minutes Book, pertaining to the alleged meeting on 14. 03. 1972. Finding that there was nothing to show that the Plaintiffs are elected as President and Vice President of the welfare Committee, the lower Appellate Court found that if really they were so elected, the Plaintiffs would not have remained quiet without taking steps for recovery of possession. Referring to O. S. No. 103/ 1977, the lower Appellate court also held that the first Plaintiff having figured as witness onbehalf of the Plaintiff in the earlier suit, cannot seek to recover possession by filing a separate suit. In its view, dismissal of the suit in O. S. No. 103/1977, would have a bearing upon the rights of the parties. Pointing out that the long possession and enjoyment of the Suit Property by the second Defendant and referring to a number of documents produced by the second Defendant, the lower appellate Court reversed the Judgment of the trial Court and dismissed the suit. Aggrieved over the dismissal of the suit, the Plaintiffs have preferred this second appeal.