ARULMIGHU MANMATHASWAMY KOIL GNANIYAR STREET Vs. SUNDARAMBAL

JUDGEMENT

(1.) The plaintiff in O.S.No.119 of 2004 on the file of District Munsif Court, Sirkali, is the appellant. The said suit was filed seeking a permanent injunction restraining the defendant from interfering with the possession of the suit property by the plaintiff. According to the plaintiff, the suit property, which is shown as ABCD in the plan, belongs to the plaintiff temple and the defendant who is a resident of property of one Sivaramachettiar situate on the south of the suit property, is attempting to interfere with the possession of the plaintiff.

(2.) The suit was resisted by the defendant raising various contentions. The defendant would claim that Thamizharasan, who had filed the suit claiming to be a hereditary trustee of the plaintiff temple, is not entitled to represent the temple as he is not the hereditary trustee. It is further claimed that it is one Muthaiyan who is the hereditary trustee of the temple and the suit property belongs to the said Muthaiyan. It is also contended that there was no cause of action for the suit inasmuch as the defendant never attempted to interfere with the possession of the temple.

(3.) On the above pleadings, the learned District Munsif framed the following issues :-