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2000 Supreme(Mad) 70

S.S.SUBRAMANI
C. R. Ramamurthy Iyer – Appellant
Versus
The Idol of Arulmighu Jambukeswarar Akilandeswari Temple represented by its Executive Officer, Thiruvanaikoil, Trichy – Respondent


Advocates:
V. Raghavachari, for Appellant. Ms. Krishnaveni, for Respondent.

Judgment :

Plaintiff in O.S.Nos.1378 of 1992 and 2832 of 1992 on the file of Principal District Munsifs Court, Trichy is the appellant in both the appeals.

2. In O.S.No.1378 of 1992, plaintiff seeks for a decree of permanent prohibitory injunction restraining defendant, its men, agents and servants from in any manner interfering with plaintiffs peaceful possession and enjoyment of the suit property wherein plaintiff is preparing and vending Prasadhams except by due process of law and for costs of the suit.

3. It is stated in the plaint that plaintiff became lessee of shop and Madapalli in the year 1967 and eversince he is in occupation of the same. According to him, suit property is leased out for preparing prasadhams which are to be placed before deity as neivedhyam and sold to worshippers. If worshippers want to prepare special prasadhams, plaintiff used to prepare the same and after placing the same before deity, given to the worshippers. Plaintiff is preparing Prasadhams in Madapalli and vending the same in the shop for the last 25 years. For the occupation of shop and Madapalli, plaintiff is paying rent at Rs.660 per year. Subsequently, it was raised and on the date of plaint,































































































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