MOTTAIYAN @ CHELLAPPAN Vs. KANDASAMY

JUDGEMENT

(1.) This revision arises out of the order made by the District Munsif, Thiruchengode (dated 18.9.2000), in I.A.No. 353/1999 in O.S.No. 75/1999, dismissing the petition filed under Or.1 R.10(2) CPC declining to implead the Revision Petitioners as Plaintiff. The third party - son of the Plaintiff is the Revision Petitioner.

(2.) The Plaintiff Kandasami has filed O.S.No. 75/1991 for permanent injunction. Case of the Plaintiff is that he has purchased the suit property by Sale Deed dated 07.10.1979. Since the date of purchase, the Plaintiff has been in possession and enjoyment of the suit property. The Defendants are Harijans. They are interested in trying to buy the suit property in S.No. 35/2. Since the Plaintiff has declined to part with the property, the Defendants have been attempting to cause disturbance to the Plaintiff's possession of the suit property. On 27.2.1991, the Defendants and their men attempted to trespass into the suit property which was prevented by the Plaintiff. Hence the Plaintiff has filed the suit for permanent injunction restraining the Defendants and their men from in any way interfering with the possession of the suit property.

(3.) Denying the averments in the Plaint, the Defendants have filed the Written Statement contending that a temple is situated in suit S.No. 35/2. Defendants and their community people - Arundadiyar community of Sappayapuram village are in management and administration of the suit temple, even prior to the purchase by the Plaintiff, for more than hundred years. The temple is located in the suit S.No. 35/2. The Plaintiff was also aware of the existence of the temple even on the date of his purchase. The Defendants deny the incident on 22.07.1991. According to the Defendants, they wanted to renovate and rebuild and repair the damaged platform of the temple situated in S.No. 35/2 which has been prevented by the Plaintiff and his family members. Hence the Defendants and their community people have preferred a police complaint before Attayampatti police Station, at the intervention of the police, the Plaintiff and his family members did not protest any further. Since the Defendants and their community people have been in enjoyment of the temple and the surrounding area in S.No. 35/2, the Defendants and their community people have perfected their title over the said temple and the surrounding area. The Defendants and their community people are legally entitled to the suit temple and its surrounding area in S.No. 35/2. The suit filed by the Plaintiff is vexatious and the Plaintiff is not entitled for any relief.