KANNATHAL Vs. ARULMIGHU KANNIAMMAL KARUPPASAMY THIRUKOIL

JUDGEMENT

(1.) DEFENDANTS 3 to 8 in O.S.No.1267 of 1987 on the file of the Second Additional District Munsif Court, Coimbatore who were respondents 3 to 8 in A.S.No.1 of 1998 on the file of the Principal District Court, Coimbatore, being aggrieved by the order of remand dated 27.11.1998 made in A.S.No.1 of 1998 have filed the above appeal.

(2.) FOR the sake of convenience the parties are referred to as per their ranking in the suit.

(3.) THE Temple is having access only through the east-west cart track bearing Survey Nos.532/B2 and 221/2 running from Chettipalayam Main Road on the west and Survey No.225 on the east for length of 133 and 297 links in a breadth of 22 links. THE Temple has always been facing west. THE gopuram of the suit-Temple is still facing west and there has been no gopuram or gate on the eastern side. By encroaching into the defendants patta lands in Survey No.221/1 a east-west north compound wall was put up for the Temple in a straight line in the patta land of the defendant in Survey No.221/1 with the permission of the defendant. THE mud dug up while putting up the compound wall was heaped in the lands of the defendants on the north and west on an understanding that the same should be removed by the defendant and as such the plaintiff-Temple has no inch of space on the north, west and east of its compound wall. THE present Renovation Committee of the Temple opened a gate on the eastern side and has demolished the portion of the compound of the said Temple and has also demolished a portion of the bund on the south eastern side of Survey No.221/B-1 and the Committee wants to encroach further into the lands of the defendant in Survey No.221/1 and only with that view the suit has been filed. THE plaintiff has no right on the north, west and east of the suit Temple compound in Survey No.221/1. THE allegation that the defendant has encroached into the kuttai is denied. On the above said pleadings the first defendant sought for the dismissal of the suit.