POOLANKUDI POOVHILUGANDHA AYYANAR AND VINAYAGAR TEMPLE Vs. SAVARIMUTHU

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.65 of 1999 on the file of the Additional District Munsif Court, Sivagangai is the appellant in the above second appeals.

(2.) The plaintiff/appellant filed a suit for declaration that the suit property belongs to the temple and for consequential permanent injunction restraining the defendants from interfering with the enjoyment of the suit properties by the plaintiff/appellant. The suit property is an extent of 2.01.0 hectares equivalent to 6.46 acres in Survey No.291/1 in Poolangudi village (Sathanur Group) Eayangudi Taluk, Sivagangai District.

(3.) The case of the plaintiff/appellant is that the entire suit property consisting of temple, adjoining lands belongs to the temple by virtue of a grant that was in favour of the temple by the Maharaja of Ramanathapuram. It is the further case of the plaintiff/appellant that the land on the western side of the suit property, is used for the purpose of worshippers to assemble and to perform cultural programmes at the time of festivals, though it is admitted in the plaint that part of the suit property is a Oorani. It is further stated in the plaint that the Oorani is meant for the use of temple and hence, it is a private Oorani. Since the defendants 1 to 11 with the help of 12th defendant made an attempt to interfere with the lawful possession of the plaintiff/appellant, it is stated that the plaintiff temple was constrained to file the suit.