K GURUSAMY Vs. N GOPALAKRISHNAN

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dated 21.02.2017, passed in I.A.No.203 of 2015 in O.S.No.276 of 2013, on the file of the District Munsif, Kovilpatti.

(2.) The revision petitioner / plaintiff has laid the suit for declaration and permanent injunction. The reliefs of declaration and permanent injunction sought for by the petitioner / plaintiff seem to be claimed only in his individual capacity. The respondents / defendants have filed their written statement and contesting the suit laid by the petitioner / plaintiff. While so, it is found that the petitioner / plaintiff has preferred the above said application seeking to amend the plaint and by way of the proposed amendment, the petitioner / plaintiff sought for the relief of permanent injunction against the respondents / defendants not to disturb his possession in respect of the subject matter of the suit property in his capacity as the Trustee of Srinivasa Perumal Temple. The said application was resisted by the respondents / defendants contending that the petitioner / plaintiff, by way of the proposed amendment, is seeking to assume the role of the Trustee of the Temple above mentioned without getting himself duly appointed as the Trustee of the said Temple in the manner known to law and the petitioner / plaintiff's entitlement to seek the status of the Trustee of the said Temple could be obtained only on he moving necessary application before the appropriate authority as provided under the Hindu Religious and Charitable Endowments Act and therefore, under the guise of the proposed amendment, the petitioner / plaintiff is attempting to usurp the role of the Trustee of the Temple concerned and hence, the proposed amendment would only introduce a new cause of action and new set of facts completely alien to the facts already set out in the plaint and hence, the application preferred by the petitioner / plaintiff is liable to be dismissed.

(3.) The Court below accepting the contentions of the respondents / defendants, dismissed the application preferred by the petitioner / plaintiff. Impugning the same, the present civil revision petition has been preferred.