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2011 Supreme(Mad) 4626

R.BANUMATHI, R.MALA
R. Mohanasundaram – Appellant
Versus
Arulmigu Kolavizhi Amman Temple – Respondent


Advocates Appeared:
For the Appellants :N.C. Ramesh, Sr. Counsel for T. Sivaprakasam, Advocate.
For the Respondents:N. Varadarajan, Advocate.

Judgment :

R. BANUMATHI, J.

1. Being aggrieved by judgment dated 20.2.2008 decreeing the Suit – C.S. No. 914 of 1989 filed by the 1st respondent/ plaintiff directing the defendants to deliver possession of the suit property, defendants 3, 4 (appellants 1 and 2) and 43 to 45 (appellants 3 to 5) have preferred this appeal.

2. The suit property in S. Nos. 2364/1 and 2364/2 measuring 22 grounds and 282 sq.ft. In Pidariyar Koil Street, Gopathy Narayanaswamy Chetty Street, Mylapore, Chennai belongs to plaintiff temple – Arulmigu Kolavizhiamman temple. The present case is a typical case as to how the Poojaris (Archagars), who came in for performing poojas and as in-charge of the temple seek to claim right of ownership in the vast extent of very valuable property of the temple as their private land. In the earlier proceedings before the Commissioner/Deputy Commissioner, the Hindu Religious and Charitable Endowment, the appellants have fought out making a claim that the temple is their private temple and were also unsuccessful in the subsequent proceedings claiming themselves as hereditary trustees. The appellants and their ancestors, who claimed to be in possession of the temple properties














































































































































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