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2003 Supreme(Mad) 102

A.K.RAJAN
Basha Sahib – Appellant
Versus
Valikandapuram Village & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. S.Parthasarathy, Advocate. For the Respondents: ----------

Judgment :-

Second Appeal is filed by the third defendant. The respondents-1 and 2 herein and one Sellamuthu (since deceased) filed the suit in representative capacity praying for declaration that the suit property belonged to Kasiviswanathasamy Temple and also for permanent injunction.

2. The case of the plaintiff is that the suit property originally belonged to Kasiviswanathasamy Temple. First plaintiff's father Appavu Padaiyachi was managing the properties as well as the temple. In order to establish a high school in Valikandapuram village, the Village Committee requested the father of the second plaintiff/second respondent herein to hand over the property to the Village Committee; Committee also promised that some other property would be purchased in name of the temple by the Committee. Therefore, on 2.6.1966, the suit property was transferred in the name of the second plaintiff. But, no property was purchased in the name of the temple, as promised; no high school was established; the high school is run in the same place where the elementary school was run. The possession of the property was not handed over either to the Village Committee or to the school. The property has been










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