M.JEYAPAUL
Arulmigu Kolavizhi Amman Temple, rep. by the Executive Office – Appellant
Versus
R. Shanmugham – Respondent
M. JEYAPAUL, J.
The suit is filed seeking delivery of possession of the property bearing S. No. 2364/1 and S. No. 2364/2 measuring 22 grounds and 282 sq.ft or thereabout in Pidariyar Koil Street, Gopathy Narayanaswamy Chetty Street, Valeeswarar Koil Street,Mylapore,Chennai after removing the superstructure put up by the defendants.
2. The brief averments found in the complaint is as follows:
a) The plaintiff Arulmigu Kolavizhi- amman Temple situated at G.N. Chetty Street, Mylapore,Chennai600 004 is an ancient village temple. It was formerly known as Kolamoli Amman Temple. It is treated as “Ellai” Pidari for Arulmigu Kabaleeswarar Temple, Mylapore, Chennai-600 004.
b) The land bearing S. No. 2364 Pidariar Koil Street, Gopathy Narayanaswamy Chetty Street, Mylapore, Chennai measuring 1 cawnie 7 grounds 2306 sq.ft. belongs to the plaintiff temple. It was endowed to the Temple several years ago for conducting poojas and ceremonies and for the upkeep of the temple. In the Madras Town Resurvey Register 1895-97, the plaintiff has been shown as the owner of the said land.
c) Subsequently, the said land in S. No. 2364 was subdivided into S. No. 2634/1 measuring 1 cawnie 7 grounds and 1334
Padmanabha v. Ramachandra Rao (1953) 2 MLJ 382 (Mad); [Para 43]
Venkatanarasimha v. Gangamma (1953) 2 MLJ 31 (Mad); [Para 44]
Vinod Kumar v. Surjit Kaur AIR 1987 SC 2179 [Para 26]
Gopal Krishnaji v. Mohd. Haji Latif AIR 1968 SC 1413 [Para 23]
Rani v. Santa Bala AIR 1971 SC 1028 [Para 24]
State Wakf Board v. Subramanyam (1976) 2 MLJ 263 (Mad); [Para 33]
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