VEERARAGHAVA NAYAGAR Vs. ALAGIYA MANAVALA PERUMAL TEMPLE

JUDGEMENT

(1.) THE plaintiff, who succeeded before the trial Court, but lost his case before the first Appellate Court, is the appellant (hereinafter referred to as 'the plaintiff') in this Second Appeal.

(2.) THE plaintiff filed the suit against the respondent Temple (hereinafter referred to as 'the defendant') for permanent injunction that his possession as a cultivating tenant in respect of the suit property should not be disturbed till such time he is evicted by due process of law. The suit property is 3. 78 Acres punja land in Survey No. 32, No. 92, Muthialpet Village, Wallajabad Union, Kancheepuram Taluk.

(3.) AS per the amended plaint, the case of the plaintiff is that he is a lessee of the suit property under the defendant Temple as per the Lease Deed entered into between him and one D. N. Subbarayalu Chettiar, the then Trustee of the Temple. The Lease Deed dated 05. 4. 1978 is for a period of ten years. The plaintiff is to pay cash of Rs. 50/- per year for the first five years and then at the rate of Rs. 200/- per year for the remaining five years as per the terms of the Lease Deed. On the death of Subbarayalu Chettiar, his son, Jayaraman, who is the present Trustee of the temple, is collecting the kuthagai from the plaintiff and also made endorsement for the kuthagai amount on the back of the Lease Deed. As such, the plaintiff is the cultivating tenant and is entitled to the benefit of Tamil Nadu Cultivating Tenants' Protection Act (hereinafter referred to as 'the Act' ). The plaintiff is entitled to be in possession of the suit property as cultivating tenant till such time he is evicted by due process of law. An attempt was made for evicting the plaintiff from the suit property in the year 1989, which was resisted and apprehending that the plaintiff will be forcibly evicted, the plaintiff filed the suit seeking the above stated relief.