THIRUNAVUKKARASU Vs. RAJAVEL

JUDGEMENT

(1.) - The long journey of this litigation instituted in the year 1982 by the plaintiff as indigent is capsulised and narrated below:-

(2.) The suit properties belong to one Narayanasami Mudaliar. He died leaving his wife, son and two daughters. Kadirvelu Mudaliar, who is the son of Narayanasami Mudaliar later, died issueless leaving behind his wife Thailammal. On 9.12.1949, a partition was effected between Manikammal w/o deceased Narayanasami and her daughter-in-law Thailammal w/o Kadirvelu. As per the terms of the partition deed, marked as Ex A-1, the Plaint 'A' schedule properties were taken by Manikammal and 'B' schedule properties were taken by Thailammal and 'C' schedule properties were earmarked to a charity for conducting Naalvar Poojai at Kurnchipadikuppam Shri Kumbaeswarar Temple and the same was entrusted to one Adhanamozhi Mudaliar who was none other than the brother's son of Late. Naryananasami Mudaliar. Adhanamozhi Mudaliar was also, at that time, the Dharmakartha of 'Naalvar Thirunatchatra Annadhanam'. The partition deed reads that after the demise of Manickammal and Thailammal, 'A' and 'B' schedule properties shall go to Adhanamozhi Mudaliar. He shall conduct the 'Thiruvillaku poojai' and 'Shivarathi poojai' of Shri Kumbaeshwara Temple at Kurnichipadikuppam Village. After his life time, his heirs has to continue the charity out of the income from that properties.

(3.) The properties entrusted to Adhanamozhi Mudaliar and his heirs with an obligation to perform the specified poojas and to run the charity, is the subject matter of the dispute. Adhanamozhi Mudaliar is said to have been died issueless in the year 1975. The plaintiff claiming himself as the nearest heir of Adhanamozhi Mudaliar, filed the suit for recovery of possession and mense profit from the defendant. According to the plaintiff, the defendant who is also related to Adhanamozhi Mudaliar came into possession of the suit property, few years before Adhanamozhi Mudaliar died. He was assisting Adhanamozhi Mudaliar, in doing poojas to the Temple. Between the Plaintiff and the defendant, the plaintiff is the nearest relation to Adhanamozhi Mudaliar and hence, the plaintiff is entitle for the suit properties.