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2012 Supreme(Mad) 3408

S.PALANIVELU
Special Officer (Administrator) Sri Dharbaranyeswara Swamy Temple, Devasthanam – Appellant
Versus
Dharmapuram Adheenam – Respondent


Advocates:
Advocate Appeared:
Mr. Sathish Parasaran [in A.S.No.426 in 1999]
For Government Pleader: Mr. T. Murugesan Senior Counsel for Government Pleader, Pondy [in A.S.No.429 of 1999]
For 1st Respondent in A.S.No.426/99 and Respondent in A.S.No.429/99: Mr.R. Krishnamurthy Senior Counsel for M/s. S.Sounthar
For 2nd & 3rd Respondent in A.S.No.426/99: Mr.T.Murugesan Senior Counsel for Govt. Pleader, Pondy.

Judgment

Both the appeals are preferred against the judgment and decree of the learned Additional District Judge, Pondicherry State at Karaikal made in O.S.No.17 of 1995 dated 02.02.1999.

2. Following are the allegations in short available in the plaint:-

2(a) The plaintiff, Dharmapuram Adheenam is the sole and Hereditary Trustee from time immemorial for 27 temples, out of which, two are in the state of Pondicherry. One is Sri Yazhmurinadha Swami Temple at Karaikal Dharmapuram and the other is Sri Dharbaranyeswara- swamy Devasthanam at Thirunallur, that the origin of the right is lost in antiquity, but there are certain Government orders called as Arrets in French state, stone inscriptions and above all continuous course of conduct in the management for over three generations lasting for more than 100 years, which will clearly establish that the plaintiff Adheenam is the sole Hereditary Trustee of the said temples, that it is significant that none other claimed, as the trustee of the said temples and that the French Government in the French colonial territories and the British Government in their areas, envisaged schemes for the management of Hindu temples and while doing so they not
































































































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