P. P. R. HARIHARAN Vs. C. MANOHARAN

JUDGEMENT

(1.) This Second Appeal has been preferred by the sole plaintiff against the order of dismissal dtd. 8/4/2008 passed by the XIV Assistant Judge, City Civil Court, Chennai-104 in O.S.No.1320 of 2004 and by the VII Additional (III Additional Judge) City Civil Court, Chennai in A.S.No.439 of 2008 dtd. 7/1/2011.

(2.) The suit was filed by the sole plaintiff P.P.R.Hariharan, the disciple of late Anandananda Swamigal mutt against six defendants for the relief of permanent injunction to restrain the defendants from encroaching upon the suit properties and from conducting any activities in respect of the mutt and idols in the suit properties and with the administration of the affairs of the mutt.

(3.) The case of the plaintiff is that he is the only disciple of late Anandananda Swamigal who was the head of plaintiff mutt situate in Door No.5, Redhills Road, Villivakam, Chennai. He owned 1.5 acres of land comprised in Survey No.341/1, 342/1, 342/1A, 343/1, 343/3. He succeeded Ramalinga Swamigal and obtained patta for these properties. Originally the mutt was established by Sababathy Swamigal and the place is called as Samiyar Thottam. In fact, Sababathy Swamigal purchased the property and established a mutt. For the purpose of worshiping, he installed two idols Sarveswarar and Raja Rajeswari Amman. After the death of Sababathy Swamigal, his disciple Ramalinga Swamigal was propagating the preachings of Sababathy Swamigal and he was administering the properties. Thereafter, Anandananda Swamigal was named as his successor and he succeeded his guru and he was administering the mutt properties.