M.CHOCKALINGAM
R. Krishnakumar – Appellant
Versus
Sri Salai Vinayagar Temple rep. by its Executive Officer – Respondent
(These Second appeals are filed against the Judgment and decree in O.S.No.864 and 862 of 1991 dated 30.9.2002 on the file of the Additional District Munsif Court at Vellore District as confirmed by the Judgment and decree in A.S.No.50 and 10 of 2003 dated 29.7.2003 on the file of the Principal District Court, Vellore District.)
This judgment shall govern these two appeals in S.A.Nos.1863 and 1864 of 2003.
2. The plaintiff temple filed a suit in O.S.No.862 of 1991 for recovery of possession of the plaint schedule property from the tenant who is the appellant herein. The suit was dismissed. The first appeal filed by the plaintiff in A.S.No.10 of 2003 was allowed and hence the defendant has brought forth this second appeal.
3. The other suit in O.S.No.864 of 1991 was filed by the same plaintiff seeking recovery of possession of a small piece of vacant site that it was an encroachment made by the defendant/appellant. The said suit was decreed. Aggrieved over the same, the defendant took it on appeal and the same was dismissed. Hence, the second appeal at the instance of the defendant.
4. The plaintiff-temple filed a suit on the following allegations. The suit building belongs t
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