GOWRI SHANKAR Vs. ARULMIGU ILUPPAIYADI DHARMARASA

JUDGEMENT

(1.) A small piece of land admeasuring 240 square feet or thereabouts in Hajiar Street in Kumbakonam Town within Kumbakonam Registration District and Tanjore District (hereinafter referred to as 'demised land' for brevity) belonging to 'Arulmigu Ilupaiyadi Dharmaraja Drowpathi Amman Temple, Kumbakonam' (hereinafter referred to as 'said temple' for brevity) is the subject matter of this suit. To be noted, the superstructure standing on the demised land bears Door No.45.

(2.) One Ganapathy Ammal (hereinafter referred to as 'main lessee' for brevity) is a lessee under the said temple with regard to demised land and her spouse is Shanmugam. One Gowri Shankar (hereinafter referred to as 'appellant' for brevity) is a sub lessee under the main lessee with regard to demised land. The appellant who had become a sub lessee under the main lessee with regard to the demised land and superstructure thereon is said to have purchased the superstructure from the main lessee subsequently. The appellant is running an eatery therein from 1998.

(3.) On 5.7.2007, said temple filed a suit in O.S.No.274 of 2007 on the file of the 'Principal District Munsif Court, Kumbakonam' (hereinafter referred to as 'trial court' for brevity). In this suit filed by the said temple in the trial court, the main lessee and her spouse Shanmugam were arrayed as defendants 1 and 2 respectively. Appellant Gowri Shankar was arrayed as defendant No.3.