IDOL OF SRI NEELIVANESWARASWAMI THIRUPANJEELI Vs. K. PERUMAL

JUDGEMENT

(1.) The above second appeal arises out of the judgment and decree, dated 14.08.1996, passed in A.S No.75 of 1993 on the file of the Principal Subordinate Judge, Tiruchirapalli, confirming the judgement and decree dated 09.03.1992, passed in O.S.No.1593 of 1984 on the file of the Principal District Munsif Court, Tiruchirapalli.

(2.) Parties herein are hereinafter referred to as they were arrayed in the original suit.

(3.) The idol of Sri Neelavaneeswarar, represented by its Executive Officer, Thirupangaly has filed a suit in O.S.No.1593 of 1984 on the file of the Principal District Munsif, Trichirappalli. The case of the plaintiff is that Thirupangaly Village is an estate as defined under the Tamil Nadu Act 26 of 48 and it was converted into a ryotwari village under the provisions of the said Act. According to the plaintiff, the first defendant and his family members owned a house lying to the south of the suit property. They were archakas of the plaintiff temple. As the owner of the adjacent house, they claimed patta to the suit property. Their claim was rejected by the Assistant Settlement Officer. The second defendant claimed that he had purchased the suit property from the first defendant. However, the first defendant himself has no right, title and interest in the suit property at any point of time. The second defendant encroached on the suit property and put up structures thereon. Therefore, the suit was filed for declaration of title, after removing the superstructure put up on the suit property.