ARULMIGU NITHYAKALYANASWAMY TEMPLE Vs. SAMPATH

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the trial Court and First Appellate Court decreeing the suit for Permanent Injunction in respect of'A' and'B' Schedule property the present Second Appeal came to be filed.

(2.) The brief facts leading to file this Second Appeal is as under:

(3.) It is the case of the Defendant that the suit properties are neither adjacent nor contiguous. Survey No. 390 absolutely belongs to the Temple. It has been recorded as "Thirukkulam" in Revenue records. The Defendant has been in absolute enjoyment of the same and the has renovated the'Thirukkulam" at the cost around Rs.15,00,000.00. The Defendant is performing the float festival every year in the month of "Chithrai" at the time of "Brahmmotsavam". The vacant land around the temple tank has been fenced. The adjoining survey No. 104 belonging to the Defendants. Defendants have no necessity to encroach upon their own land. On the other hand the Plaintiff attempted to trespass upon the Defendants property by put up a fence. Plaintiff has no right over in Survey No. 390/2 and the patta issued to him is also illegal. The Revenue authorities have no right to subdivide the land belong to the Defendants. The Defendants continuously in possession and enjoyment of the property Survey No. 390/2 which is part of temple tank, as true owner. The Plaintiff has neither title nor possession. Hence, prays for dismissal of the suit.