EXECUTIVE OFFICER SOUNDERESWARAR DEVASTHANAM Vs. G KUPPUSWAMY MUDALIAR

JUDGEMENT

(1.) THIS first appeal is directed against the Judgment and Decree dated 21 August 1987 in O.S.No.1973/1986 on the file of the learned XV Assistant City Civil Court, Chennai.

(2.) THE fourth defendant is the appellant.

(3.) IN the plaint in O.S.No.1973/1986, plaintiff inter-alia contended thus:-(a) Defendants 1 to 3 are the trustees of the temple by name "Sundareshwarar Temple". They have entered into an Agreement with the plaintiff on 12.02.1983 agreeing to sell the property of the temple bearing D.No.20, Masudhi Street, Saidapet. As per the Agreement, the property was agreed to be sold for a total consideration of Rs.1 lakh. Defendants 1 to 3 also received a sum of Rs.10,001/- simultaneous with the execution of the Agreement. Subsequently, further amount of Rs.10,000/- and Rs.14,500/- were paid on 13.03.1983 and 14.07.1984 respectively. Advance consideration was received by the Defendants 1 to 3 in their capacity as trustees of the temple. On 14 March 1983, Defendants 1 to 3 made an application before the Commissioner, H.R. & C.E. Department seeking permission to sell the temple property. As per proceedings dated 17 March 1983, Commissioner, H.R. & C.E. Department called upon the trustees to inform the market value of the property. However, there was no follow up action to execute the Sale Deed on the basis of the Agreement, which made the plaintiff to send a notice to the Defendants on 29 October 1984. (b) Notice was received by the Defendants 1 and 4. Notice sent to the Defendants 2 and 3 were returned un-served. The fourth defendant in his reply informed the plaintiff that he was not aware of any such transaction. IN such circumstances, the plaintiff was constrained to file the suit for the purpose of getting back the amount paid by him.