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1977 Supreme(Mad) 450

N.S.RAMASWAMI
Rajanarayanaperumal Temple, Melaiyur, Sirkali taluk, by its Executive Officer – Appellant
Versus
Rethinam Pillai. – Respondent


Advocates:
E. Padmanabhan, for Appellant.
V. Rainam, for Respondent.

JUDGMENT.— The main question in this Second Appeal filed by the plaintiff is whether the plaintiff’s title had been extinguished by the law of limitation. The plaintiff is the Sri Rajanarayanaperumal Temple, Melayur represented by its trustee and Executive Officer. The suit is for recovery of possession with future profits of an agricultural land whose extent is 96 cents comprised in R. S. No. 169/6, Melayur, Sirkali taluk. It is not in dispure that the suit property belonged to the temple, the same having been granted as an iruwaram inam.

2. One Manikkam Pillai was formerly the trustee of the temple. In the year 1941, he purported to exchange the suit property with another property of one Muthiah Pillai. The other property is said to be comprised in two survey numbers whose total extent is 92 cents. The exchange was under the original of Exhibit A-4, dated 2nd December. 1941. Within two days thereafter, that is under the original of Exhibit A-5 dated 4th December, 1941, the suit property was purchased in the name of the first defendant to the suit, who is no other than the wife of the said Manikkam Pillai (the then trustee). In effect, the trustee (Manikkam Pillai) got the suit pro




























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