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1999 Supreme(Mad) 987

A.RAMAN
Arulmighu Vedaranyeswaraswami Devasthanam by its Executive Officer, Vedaramyam – Appellant
Versus
Haridas and two others – Respondent


Advocates:
M/s. S.K. Raghunathan, Advocate for Appellant.

Judgment :

1. The plaintiffs filed a suit for declaration and injunction. The trial court decreed the suit and on appeal, the same was confirmed by the sub-Judge and hence the 1st defendant has preferred this appeal.

.2. The property belongs to the 1st defendant is admitted in emphatic terms by the plaintiff, when examined as P.W.1. The plaintiff witnesses P.Ws.2 and 3 also admit that the suit property belongs to the 1st defendant temple viz,, the appellant. The documents produced in this case, which have been marked as Exs.Al, A3 and A4 to A32 would all go to show that the plaintiffs have accepted the title of the temple to the suit property. The plaintiffs claimed to be the tenants of the suit property under the 1st defendant. They have paid rent to the temple, accepting the temples title to the suit property. It is the case that the suit property was settled upon the temple by the plaintiffs grand father. But, it is not established.

3. The trial court as well as the lower appellate court has held that the Will executed by the grand father under Ex.A2 is true, valid and binding upon the defendants. The Will is dated 26. 1981. What is produced into Court is only a registration c







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