Judgment :-

Markandey Katju, J.

1.1. This appeal by special leave against the impugned judgment and order dated 6.1.2003 of the High Court Madras passed in L.P.A. No. 17 of 1998.

2.2. Heard learned counsel for the parties and perused the record.

3. The appellants are the Trustees of Shri Gangai Vinayagar Temple, Thirumudi Nagar, Pondicherry. They had executed a lease deed on 8.11.1967 in favour of one Kanniah Chettiar in respect of a plot of land on which the lessee was to erect a theatre. The

lease was for a period of 15 years commencing 1.1.1968.

3.4. The original lessee died after constructing the theatre and his widow filed a suit being

O.S 125 of 1976, which came to be later renumbered as Suit No. 5 of 1978, impleading therein the temple as the first respondent and the members of the Trust Committee as respondent Nos. 2 to 6. Three persons who were alleged to be those to whom the site on which the theatre stood was sought to be sold by the Trustees, were also impleaded as defendant Nos. 7 to 9. The prayer made in Suit No.5 of 1978 was for an injunction restraining the defendants from interfering with the plaintiffs possession till the expiry of the period of lease.

1.5. During