KANAGANATHAN Vs. ARULMIGHU NAGANATHASWAMY TEMPLE SABAPATHI KATTALAI REP BY ITS TRUSTEE THANGAVEL MUDALIAR

JUDGEMENT

(1.) The respondent herein levied the suit in O.S.No.28 of 1995 against the petitioner herein for recovery of possession and arrears of rent. It is found that the respondent has obtained a decree against the petitioner as prayed for and inasmuch as the petitioner has failed to comply with the terms of the decree, it is found that the respondent has levied execution proceedings against the petitioner for recovery of possession in E.P.No.82 of 2005.

(2.) The petitioner resisted the above said execution petition by contending that there is no such Sabapathi Kattalai attached with Arulmighu Naganathaswamy Temple and there is only one Kattalai by name Natarajaswamy Kattalai and as such, the respondent has no right to execute the decree and the petitioner has been regularly paying the rent till 1994 and thereafter, as dispute arose between the trustees of Sabapathi Kattalai and Natarajaswamy Kattalai, the petitioner was unable to pay the rent from 1995 onwards and thus, according to the petitioner, the execution petition preferred by the respondent is not maintainable and liable to be dismissed.

(3.) In support of the contentions of the respective parties, it is found that no oral evidence has been adduced and on the side of the petitioner, Ex.R1 has been marked and no document has been marked on the side of the respondent.