ARULMIGU VENKATACHALAPATHY Vs. VAITHIYALINGAM

JUDGEMENT

(1.) The un-successful Plaintiff in A.S.No.121/1998 on the file of Subordinate Judge, Nagapattinam has filed the present Second Appeal.

(2.) For the sake of convenience, the parties are called as mentioned in the suit in O.S.No.123/1998. The plaintiff is Arulmigu Venkatachalapathy Perumal Temple, Pulivalam, represented by its Executive Officer. He filed a suit in O.S.No.123/1998 before the District Munsif Court, Thiruvarur, for a permanent injunction restraining the defendant Mr.Vaithiyalingam, from putting up any construction in the suit property situate in S.No.148/2 of Pulivalam Village measuring 0.02 cents.

(3.) The case of the plaintiff/appellant is that the suit property was leased out to the respondent/defendant on an annual rent of Rs. 72/- during the year 1963 and that the defendant is now attempting to construct a full fledged R.C.C building in the suit property without getting any prior permission from the temple. He had therefore, prayed for restraining the respondent/defendant from putting up any construction in the suit property. The suit was decreed by the District Munsif Court, Thiruvarur on 11.09.1998 as prayed for by the plaintiff.