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1999 Supreme(Mad) 1201

I.DAVID CHRISTIAN
Karuppa Odayar – Appellant
Versus
A. Maruda Muthiriar and another – Respondent


Advocates:
K.Jayaraman, for Appellant.R.Balasubramaniam, Special Government Pleader
(HR & CE), for Appellant, V.Kunchithapatham, for Respondent Nos.1 and 2.

Judgment :

These two appeals have been preferred against the judgment and decree made in O.S.No.21 of 1982 on the file of the Subordinate Judge, Tiruchirapalli dated 29. 1985. The second defendant in the suit has preferred A.S.No.455 of 1986 and the first defendant has preferred A.S.No.157 of 1990.

.2. Respondents in these two appeals namely Maruda Muthiriar and Kandasami as plaintiffs have filed the suit for setting aside the order passed by the first defendant, the Commissioner, H.R. & C.E. Madras in A.P.No.114 of 1978 dated 17. 1981 and also for a declaration that the plaintiffs are the hereditary trustees of Arulmigu Elliamman and Pidari Amman temples situated in Arivayur village in Trichy Taluk in Trichy District, The temples Elliamman and Pidariamman were established even about 200 years prior to the suit. The administration of the said temples have been, from time immemorial, vested with the predecessors of the plaintiffs by succession. The administration of the said temples was always in the hands of hereditary trustees, The plaintiffs have produced a genealogy to show that their predecessors have been in management of the temple affairs as hereditary trustees for more than

























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