KAMALAMBAL Vs. ARULMIGU RENUKA DEVI AMMAN TEMPLE

JUDGEMENT

(1.) SECOND Appeal was directed against the judgment dated 30. 06. 1993 in A. S. 8 of 1991 of the Sub Court, Nagapattinam, which reversed the judgment dated 27. 02. 1990 in dismissing the suit in O. S. 133 of 1988 by the District Munsif, Thiruvarur.

(2.) DURING the course of admission, the following substantial question of law was framed: whether the plaintiff can succeed on the basis of the case of the defendant without proving his own case and abandoning the same?

(3.) THE suit was originally filed for permanent injunction and subsequently amended as one for mandatory injunction to demolish the construction made by the defendant in the suit site, which belongs to the respondent/ plaintiff temple. The suit land is measuring 4912 sq. ft. in T. S. No. 979/1 in Block No. 22, Ward No. 3 in Vijayapuram of Thiruvarur; that consists of two non-residential buildings, bearing door No. 22c and 22d and one residential building bearing door No. 23.