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2007 Supreme(Mad) 2508

P.R.SHIVAKUMAR
Thirumeni – Appellant
Versus
Arulmighu Vinayakar and Dhrowpathi Amman Temples Statues, through its Executive Officer – Respondent


Advocates Appeared:
K. S. Vamsidhar, for Appellant
N. C. Ashok Kumar, for Respondent

JUDGMENT

P. R. SHIVAKUMAR, J.

This second appeal is directed against the judgment and decree of the First Additional Subordinate Judge, Tiruchirappalli dated 12.2.1993 made in A.S. No. 230 of 1991 by which the judgment and decree of the trial Court (District Munsif, Thuraiyur) passed in O.S. No. 3555 of 1979 was confirmed.

2. The respondent/plaintiff temple filed the suit for the following reliefs:

(i) Directing the appellant/defendant to deliver vacant possession of the suit property to the plaintiff or in the alternative, declaring the plaintiff's title to the suit property and as a consequential relief directing the defendant to deliver possession of the suit property to the plaintiff;

(ii) For a direction to the appellant/defendant to pay a sum of Rs. 350/- either as arrears of rent or as damages for use and occupation; and

(iii) For payment of future mesne profits from 1.9.1979.

3. According to the respondent/plaintiff temple, the appellant/defendant was permitted to occupy the suit site on a monthly rental basis by the previous trustee of the temple and the agreed rent was Rs. 10/- per mensem. After the appointment of a fit person to administer the affairs of the temple, who took ch





































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