MUTHURAMMAN MUTHEESWARAN TEMPLE, REP BY ITS PRESENT PRESIDENT, T MURUGESAN Vs. A T MARTHANDAN @ A T RAJASEKAR

JUDGEMENT

(1.) This revision petition has been filed against the fair and decreetal order dated 20.09.2016 passed in I.A.No.284 of 2015 in O.S.No.85 of 2015 on the file of the Principal District Munsif, Nagercoil.

(2.) Learned counsel for the petitioner would submit that the petitioner temple filed the suit in O.S.No.85 of 2015 for declaration of title, demarcation of boundaries of the suit property, injunction and other reliefs. According to the petitioner, the temple was originally built in and around the area of 16 cents in old S.No.4247 and the survey number was renumbered as R.S.No.438/5 during resurvey. When the villagers became affluent, they felt that the space available is insufficient to meet the requirements during kodai festival and other festivals when large numbers of villagers gather. One Deivanayaga Perumal Nadar was a staunch devotee of the temple and he owned lands abutting the temple in R.S.No.438/5 and the lands were allotted to him in a partition decree passed in O.S.No.112 of 1107(M.E). The said Deivanayaga Perumal has gifted the above lands measuring 56.667 cents bearing R.S.No.438/5 to the petitioner temple by way of a registered deed dated 109.1978. Therefore, the temple got title over 7667 cents in S.No.438/5.

(3.) It is further submitted that the respondents who are in occupation of the lesser extent in adjoining land situated on the north side of the suit property in the same survey number, on misconception claimed right over the suit property and made attempts to dismantle the drip irrigation pipes laid underground. Since the respondents are also having lesser extent in the same survey number, they are frequently trying to enter into the suit property and therefore, the petitioner filed the present suit for the prayer of demarcation.