SUBBUTHAI Vs. SRI SUNDARA VINAYAGAR DEITY OF SUNDARA VINAYAGAR KOIL, THROUGH ITS TRUSTEE SIVASUBRAMANIA PILLAI AND ANR.

JUDGEMENT

(1.) The appeal has been preferred by the unsuccessful defendant. The suit was filed for declaration of title and recovery of possession. According to the plaintiff, the suit property was alienated to a temple for lighting purposes in the year 1951 as per Will dated 29.8.1951. The defendant attempted to construct a building. Hence a telegram was sent. The defendant sent a reply claiming title as if the defendant and her husband were in possession and there was an arrack shop run by the family members. Thereafter a notice was sent to deliver vacant possession. As there was no compliance the suit was filed.

(2.) In the written statement the defendant claimed that her parents in law were in possession prior to 1970 and from 1970 onwards they put up two huts. In one of the huts, a liquor shop was run. In 1988 the hut was demolished and a regular construction was put up. The defendant has been in possession and enjoyment of the suit property for over 19 years. Therefore, adverse possession also has been accrued to them.

(3.) The trial court considered the evidence in detail and found that the case of the defendant that she has been in possession for several years adversely is unbelievable. Relying upon the documents filed by the plaintiff, viz., Exs.A -1, A -3 and A -4 the trial court came to the conclusion that the suit property belonged to the temple and therefore, the declaration and possession should be given to the temple. As against the judgment an appeal was also preferred. The appellate court also concurred with the findings of the trial court and rejected the appeal.