LAWS(MAD)-1997-12-147

TENKASI SENKUNDA MUDALIAR SAMUDAYAM THROUGH ITS REPRESENTATIVE TENKASI SENKUNDA MUDALIAR SAMUDAYAM AND ORS. Vs. N. KUTTRALINGA MUDALIAR AND ORS.

Decided On December 12, 1997
Tenkasi Senkunda Mudaliar Samudayam Through Its Representative Tenkasi Senkunda Mudaliar Samudayam And Ors. Appellant
V/S
N. Kuttralinga Mudaliar And Ors. Respondents

JUDGEMENT

(1.) Defendants 2 and 3 are the appellants.

(2.) The suit was filed for declaration that the suit property belonged to the plaintiffs Samudayam and for injunction restraining the defendants from interfering with the joint possession of the suit properties by the plaintiffs and to frame a scheme to administer the suit properties and for removal of the defendants from the post of trustees.

(3.) The case of the plaintiffs is as follows: The properties belonged to Senkunda Mudaliar Samudayam at Tenkasi and the surrounding 56 villages. Since the suit properties are situate at Courtallam and Senguntha Mudaliar residing at Tenkasi nearer to it, were managing the properties. The Copper Plate inscription of the year 887 shows that the Senguntha Madam belongs to. Sengunthar community living in Tenkasi and 56 villages. Donations are collected from the community living in 56 villages for the improvement of the suit properties. The Tenkasi Senguntha Mudaliars added the word "Thenkasi" to the words "Sengunthar Madam" and it was objected to by Keezha Pavoor Sengunthar Mudaliar Samudayam on 12.8.1977. Though the plaintiff sent a notice on 29.1.1985 to defendants, there was no reply.