ARULMIGU THIRUNEELAKANDESWARA Vs. T RAJENDRAN

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 17. 2. 1993, made in A. S. No. 25 of 1992, on the file of the District Court, nagapattinam, confirming the judgment and decree, dated 13. 12. 1991, made in o. S. No. 79 of 1991, on the file of the District Munsif Court,tiruvarur.

(2.) THE plaintiff in the suit, in O. S. No. 79 of 1991, is the appellant herein. The defendant in the said suit is the respondent herein. The suit had been filed by the plaintiff for vacant possession and for mesne profits.

(3.) THE brief facts of the case, as stated by the plaintiff in his plaint, are as follows: the suit property belongs to the plaintiff Temple. The patta in respect of the suit property is in the name of the temple. The suit property, with Patta no. 166, is a vacant land. The defendant had, illegally, encroached upon the suit property and he has been in enjoyment of the said property from the year 1980. The defendant has no right in the suit property, as he is only an encroacher. At the time of the renovation of the temple in the year, 1985, the defendant had agreed to vacate the suit property belonging to the Temple, since the defendant has no right whatsoever in the said property.