VELLA GOUNDER Vs. ARULMIGHU NAGESWARASWAMY TEMPLE KONDALAM

JUDGEMENT

(1.) APPEAL under Section 100 CPC against the decree and judgment dated 17.10.1995 made in A.S. No. 153 of 1994 on the file of Principal District Judge, Periyar District at Erode confirming the decree and judgment dated 02.09.1994 made in O.S. No. 589 of 1993 on the file of II Additional District Munsif, Erode. The unsuccessful Plaintiffs are the appellants in this second appeal, who have filed O.S. No. 589 of 1983 before the II Additional District Munsif, Erode for bare injunction, which was dismissed. As against the same, the appeal filed by them in A.S. No. 153 of 1994 on the file of Principal District Judge, Erode was also dismissed, hence, the present second appeal has been filed.

(2.) IT is claimed by the appellants herein that the Poojari of the respondent/temple has received Rs.1,400/- and executed a Usufructory mortgage Ex.A1 dated 04.04.1944 in favour of their predecessors and they agreed to pay Rs.50/- for performing the Pooja every year to Arulmighu Nageswaraswamy Temple, Kondalam as mentioned therein. The land covered under Ex.A1 is to an extent of 11 acres 86 cents comprised in Survey No.103, Re-survey No.186/1 and 2 in Kondalam Village, Kodumudi, Erode Taluk, thus, the appellants predecessors and the appellants have been in possession and enjoyment of the suit property. The respondent threatened to bring the suit property in public auction for lease, hence, the suit was filed.

(3.) AT the time of admission of this second appeal, the below mentioned substantial questions of law have been framed.