THE IDOL OF SRI SELVAMUTHU MARIAMMAN THROUGH ITS EXECUTIVE OFFICER Vs. UNION OF INDIA (UOI), REP. BY GENERAL MANAGER, SOUTHERN RAILWAYS

JUDGEMENT

(1.) THE plaintiff is the appellant. The plaintiff filed the suit for recovery of possession and for future mense profit.

(2.) THE case of the plaintiff is that the plaintiff is a public religious institution and the plaintiff temple was constructed on the land belonging to the defendant and a Kalyanamandapam was also constructed in the open space by collecting contributions from the public and the temple was administrated by the a Committee of persons consisting of Railway employees and outsiders. The Kalyanamandapam was used for conducting festivals of the temple and on other days it was let out for marriage functions and the defendant did not object to the construction of the Kalyanamandapam and dispute arose among the members of the Committee and therefore, the Management of the temple was taken over by the HR & CE Department, the possession of temple was handed over and thereafter the possession of the Kalyanamandapam was also handed over to the defendant by the Executive Officer and it was submitted that the plaintiff is entitled to possession of the Kalyanamandapam with movables stated in 'B' schedule of the plaint and therefore, the suit is filed for the recovery of possession of 'A' schedule property, which is the superstructure known as 'Kalyanamandam' and for the delivery of 'B' schedule properties.

(3.) THE plaintiff examined two witnesses and marked 18 documents and the defendant marked 5 documents and an Advocate Commissioner was appointed and he submitted his report and plan, which were marked as Exs.C1 and C2.