The plaintiff, who is unsuccessful before the trial Court, is the appellant in this appeal. Pending the suit the first defendant died and the third defendant had been impleaded as his legal heir. This appeal which was originally dismissed for non-prosecution but restored, came up for hearing.

2. Heard Mr.R.N.Kothandaraman, learned counsel appearing for the appellant and Mr.Ashok Viswanathan, learned counsel appearing for the 2nd respondent. For convenience, the parties shall be referred as arrayed before the trial Court.

3. Theplaintiff instituted the suit praying for a declaration that the Land Building and premises described in the suit ‘A’ Schedule belong absolutely to Sayarakshai Kattalai of Neeladayakshiamman Temple and uphold its title thereof, direct the 2nd defendant or defendants to deliver possession of the ‘A’ schedule premises, direct the 2nd defendant or defendants to pay past and future mesne profits, restrain the defendants from taking possession of suit ‘A’ Schedule building and premises and for costs.

4. According to the plaintiff, Sayarakshai Kattalai and Ardhajama Kattalai are among the specified endowments attached to Arulmigu Kayaroganaswamy and Nee