THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT AND ORS. Vs. ARULMIGU SRI PETHANADESHWARAR AND PETHANAYAGIAMMAL THIRUKOVIL VASUDEVANALLUR AND ORS.

JUDGEMENT

(1.) The officials of the Hindu Religious and Charitable Endowments Department and the Secretary to Tamil Nadu Government, Tamil Development and Religious Trust Department and Information are the appellants in the Second Appeal. The respondents herein filed the suit O.S. No. 245/2010 on the file of the Court of the learned District Munsif cum Judicial Magistrate, Sivagiri against the appellants herein arraying them as defendants 1 to 5 and praying for a declaration that the suit temple is a private temple belonging to the family of the respondents herein/plaintiffs, for a consequential injunction not to interfere with their management of the said temple by appointing any person as Fit Person or in any other capacity and for costs.

(2.) The learned trial judge decreed the suit granting the reliefs sought for by the respondents herein/plaintiffs without cost by a judgment and decree dated 05.02.2013. The appellants herein preferred an appeal before the lower Appellate Court, namely the Sub Court, Sankarankoil in A.S. No. 8/2013. The learned lower Appellate Judge, on a re-appreciation of evidence by a judgment and decree dated 27.01.2014 concurred with the findings of the trial Court and dismissed the appeal without cost confirming the decree passed by the trial Court. It is as against the said decree of the lower Appellate Court dated 27.01.2014, the present Second Appeal has been filed.

(3.) The second appeal was admitted on 24.06.2015 identifying the following questions to be the substantial questions of law involved in the Second Appeal: