MARIAPPA Vs. RAMA KRISHNAPPA

JUDGEMENT

(1.) The defendants in OS No.153 of 1998 are the appellants. The said suit was filed by the sole respondent seeking permanent injunction restraining the defendants from interfering with his possession of the property. According to the plaintiff, the suit properties belonged to Geriga Amman Temple, situate at Nallur Village. The Hindu Religious and Charitable Endowment Department had by proceeding dated 08.11.1967 recognised the right of 27 persons to be hereditary Trustees of the Temple. One of those 27 persons, one Nagappa had, according to the plaintiff, executed a Will, under Exhibit A2, bequeathing his right to do service in the Temple as well as the right to be in enjoyment of the properties of the temple in lieu of the services rendered by him to the Temple to the plaintiff/respondent.

(2.) The plaintiff claims that pursuant to the said Will dated 12.12.1959 registered as Document No. 49 of 1959, he has been in possession of the properties and he also continues to do the service in the temple. On the strength of the said allegations, the plaintiff had sought for permanent injunction restraining the defendants from interfering with his possession.

(3.) The defendants resisted the suit contending that the suit properties belonged to the temple and Nagappa under whom the plaintiff claims had no right to bequeath in the property to the plaintiff. Therefore, according to them, the plaintiff has no right over the suit property and as such he cannot seek any decree for permanent injunction. A plea that the HR &C Department is a necessary party to the suit was also taken. The learned Trial Judge viz. the District Munsif, Hosur, who tried the suit framed the following issues: