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2002 Supreme(Mad) 439

P.D.DINAKARAN
Shanmugham – Appellant
Versus
Arulmigu Vinayagar and Arulmighu Dhandayuthapaniswami Deities rep. by their Manager Doraisamy @ Semba Gounder (Deed. ) – Respondent


Advocates Appeared:
For the Appellant:Mythili Suresh, M.S. Krishnan, Advocates.
For the Respondent:T. Arul Raj, Advocate.

Judgment :-

1. The unsuccessful defendant before the Courts below is the appellant in the above Second Appeal. The respondent/plaintiff filed O.S. No. 218 of 1985 on the file of the Sub Court, Namakkal, for recovery of possession of the suit property and for mesne profit, alleging that the suit property originally belong to two sisters by name Kamatchi Ammal and Palaniammal, who executed a dedication deed on 5.5.1933 creating a trust in favour of the deities at Manapalli Village in Namakkal, the object being to manage the temple, to conduct Neivethiam, and lighting and other connected service. When one Muthuveera Gounder was acting as the Manager of the Deity, the suit property was leased out to the defendant by lease deed dated 1.3.1973, putting him in possession. Alleging that the said Muthuveera Gounder was not empowered to do, the respondent/plaintiff contended that the possession of the defendant/appellant was unlawful and therefore, he was only a trespasser. Hence the above suit.

2. The appellant/defendant resisted the suit contending that he was a cultivating tenant under the lease deed dated 1.3.1972, which was marked as exhibit B1 and therefore, he was entitled to continue t




























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