SWAMINATHAN Vs. SRI SUBRAMANIASWAMI DEITY TIRUCHENDUR THROUGH THE EXECUTIVE OFFICER HOLDING HIS OFFICE IN SUBRAMANIASWAMY TEMPLE BUILDINGS

JUDGEMENT

(1.) THE above appeal suit is directed against the judgment and decree dated 3.5.1980, made in O.S.No.61 of 1976 by the Court of Principal Subordinate Judge, Tuticorin, thereby declaring the title of the plaintiff to the plaint "A" schedule property and also ordering the recovery of possession of the plaint "B" schedule property along with past and future damages.

(2.) THE above suit has been filed by the respondent herein for declaration that the suit properties belong to the plaintiff and for recovery of possession of the plaint "B" schedule property and for recovery of past and future damages.

(3.) THE further averments of the plaint are that the said Lakshmi Ammal died on 2.7.1975 and on her death, the defendant had taken forcible possession of the plaint "B" schedule property; that by a lawyer's notice dated 22.9.1975, the plaintiff demanded the defendant to pay a rent of Rs.75 per mensem for being in occupation of the plaint "B" schedule property, which is a house and on fear of eviction, of late, on 20.12.1975, the defendant sent a reply denying the plaintiff's right to the plaint "A" schedule property and setting up the Registered Will dated 30.1.1974, claiming ownership of the entire "A" schedule property along with his male heirs and to perform the services of the Deity as hereditary huqdars. THE plaintiff would state that the cancellation deed and the Will were not genuine and the defendant and his henchmen, exercising undue influence, coercion and fraud on Lakshmi Ammal, have brought about those documents, when the said Lakshmi Ammal was not in a sound disposing state of mind; that after executing an irrevocable Settlement Deed in favour of the plaintiff-deity on 6.11.1972, the said Lakshmi Ammal had no right either to revoke the settlement deed or to execute another Will dated 30.1.1974; that the plaintiff, through its Executive Officer, accepted the settlement, entered into possession of the suit property from 6.11.1972, paid house and other taxes and allowed Lakshmi Ammal to live in "B" schedule property till her life at free of rent and doing all such things enjoined on the plaintiff under the said irrevocable settlement deed. THE plaintiff also arranged for the burial of the body of Lakshmi Ammal, after her death and hence the plaintiff would conclude saying that it is entitled to declaration, for recovery of possession and for past and future damages respectly at Rs.584.48 and Rs.75 per mensem from the date of plaint till the date of delivery of possession.