Issuance of notice u/s 80 C.P.C.not required.

AR.Lakshmanan, J.

This appeal is directed against the judgment and decree dated 11. 1992 of Bellie, J., made in A.S.No.555 of 1982 on the file of this Court, preferred against the judgment and decree dated 7. 1981 made in O.S.No.408 of 1976 on the file of the III Additional Subordinate Judge, Madurai.

2. The appellant filed O.S.No.408 of 1976 to set aside the Order of the Commissioner,

H.R. & C.E. (Administration Department), Madras i.e., the first respondent herein, passed in A.P.No.35 of 1974 dated 11. 1975, confirming the order of the Deputy Commissioner, H.R. & C.E., (Administration Deptartment), Madurai i.e., the 2nd respondent herein made in O.A.No.57 of 1967 dated 21. 1972 and as consequential relief of a permanent injunction restraining the Department from interfering with the management, administration and control of Sonaichamy Koil, which according to the appellant, is a private temple situated at Melaveli Street, Madurai Town. The case of the appellant as per the plaint allegations is that the properties described in the suit schedule are the private family trust properties of the appellant, that item No.1 of the property described in the plaint schedule which is situated in West Veli Street, Madurai Town belonged to the private family trust of the appellant and his ancestors, formerly in the West Veli Street, Madurai Town, there were 21 peedams, which were Worshipped only by the family of the appellant and his pangalis, that they were retaining all the articles of the peedam in a box and kept it in a room in item No.1 of the suit premises on the northern portion and the said portion of the suit property in which the articles and the peedams used to kept is called as “Angalaparameswari Koil Veedu”, that there is an idol in the said room, that the trust was being managed by the plaintiff’s ancestors from time immemorial. It is the case of the appellant that they were not aware of the fact that the site over which there were 21 peedams was acquired by the Government in 1918, and that in the year 1966, the Government with a view to locating the State Bus Stand sought to remove the peedams. So the appellant and the other two trustees filed a suit against the Government in O.S.No.98 of 1966 on the file of the Sub-Court, Madurai praying for a decree for permanent injunction. The Government in its written statement pointed out that the site had already been acquired in the year 1918 for extension of the hospital and compensation had been paid to the then trustee Vellaisami Kothanar and that the suit was compromised between the trustees and the Government and so it was allowed to be dismissed by the plaintiff and the other two trustees. Thereafter, the Government removed all the peedams. There were only 3 idols out of the former twenty-one peedams. They were taken by the plaintiff and the other two trustees. The three idols were installed over a peedam immediately to the east of the State Bus Stand. The plaintiff has put up R.C. terrace over the peedam and has provided a collapsible gate and the idols installed in the road margin is being worshipped only by the appellant/plaintiff and his pangalis. No other person has been worshipping the deity as of right. Solaimalai Pillai, to whom the property had been leased out as per lease deeds dated 210. 1962 and 210. 1964 appears to have sub-leased two adjacent tenements out of the suit item No.1 to one Nachimuthu Pillai. The latter did not pay the arrears to Solaimalai Pillai, who is a lessee of the plaintiff and his co-trustees. So an application for eviction was filed by Solaimalai Pillai along with the appellant/plaintiff and his co-trustees. Subsequently, as Nachimuthu Pillai demolished the intervening wall between the two tenaments, the plaintiff and others filed a suit in O.S.No.573 of 1966 on the file of District Munsif, Madurai Town against Nachimuthu Pillai for the reliefs detailed in the suit. Aggrieved by this Nachimuthu Pillai moved the Assistant Commissione