LAWS(MAD)-2009-12-13

K THANGAPPA PILLAI Vs. ARULMIGHU SRINIVASA DEVASTHANAM

Decided On December 16, 2009
K. THANGAPPA PILLAI Appellant
V/S
ARULMIGHU SRINIVASA DEVASTHANAM, REP. BY ITS EXECUTIVE OFFICER AND TRUSTEE, Respondents

JUDGEMENT

(1.) The defendant is the appellant herein. The sole appellant died during the pendency of this appeal and therefore, his legal heir has been brought on record as the second appellant.

(2.) For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.

(3.) The suit has been filed by the plaintiffs/temple, represented by its Executive Officer and Trustee, against the defendant, who are the original tenant, for a declaration to declare that the registered sale deed dated 4.4.1985 registered as document No. 527 of 1985 on the file of Sub Registrar Office, Periamet in favour of the defendant, executed by the Court in pursuance of a decree and order dated 28.5.1983 made in LA. No. 6694 of 1981 and E.P. No. 2016 of 1984 in O.S. No. 1243 of 1981 on the file of the X Assistant Judge, City Civil Court, Madras as illegal, non-est and null and void and not binding on the plaintiffs devasthanam or the Executive Officer or the Trustees and direct the defendant to deliver vacant possession of the suit property with costs.