Rajiv Shakdher, J.

Prefatory facts:

1. This is an appeal preferred against the judgment and decree of the learned Single Judge dated 26.04.2011.

1.1. The appellant before us, is the original defendant in the suit. The appellant/defendant claims to be the spiritual head of Guru Manicka Prabhu Temple (hereafter referred to as 'Manicka Prabhu Temple').

1.2. The impugned judgment and decree was passed in a suit filed by the respondent/plaintiff, (i.e., the Idol of Arulmighu Kamakala Kameshwarar Temple) which stands dedicated to the Kamakala Kameshwarar Temple (hereafter referred to as the Plaintiff Temple).

1.3. The suit was filed for seeking a relief of declaration, to the effect that the immovable property, which is adjacent to the Plaintiff Temple, vested, absolutely, in the respondent/plaintiff. A consequential relief was also sought, which was that the possession of the said immovable property be delivered to the respondent/plaintiff. The immovable property, qua which, reliefs, referred to above, were sought, is a vacant piece of land situate at 28, Hanumantha Lala Street, Triplicane, Chennai, [more fully described in the schedule appended to the plaint; hereafter referred to as the 'suit property'].

2. Before we proceed further, in order to adjudicate upon the appeal, the following broad facts are required to be noticed qua which, largely, there is no dispute, as, they emanate from documents put on record by the parties herein :

2.1. The Plaintiff Temple was founded by late Rai Raja Eswardoss Diawanth Bahadur. After the demise of Rai Raja Eswardoss Diawanth Bahadur, his son, one, Mr. T. Lakshmidoss and his grandson Mr. T. Venkataprasad, became owners of the Plaintiff Temple. An insolvency petition being: I.P.No.120 of 1914 was filed in this Court, to declare Mr. T. Lakshmidoss and Mr. T. Venkataprasad as insolvents.

2.2. By an order dated 27.04.1914, Mr.T.Lakshmidoss and Mr.T.Venkataprasad were declared insolvents, and accordingly, their estate, including the suit property, came to vest in the Official Assignee (hereafter referred to as the OA ).

2.3. Mr.T.Lakshmidoss and Mr.T.Venkataprasad entered into a scheme of arrangement and composition with their creditors with the view to obtain annulment of the adjudication order passed against them, whereby, they had been declared insolvents. Consequently, a decree to that effect dated 31.12.1915, was passed in C.S.No.89 of 1914. The decree provided that, after payment of the amounts due in respect of the annulment, the OA would divide the estate between Mr.T.Lakshmidoss and Mr.T.Venkataprasad in the proportion of and respectively.

2.4. Since, in and about October, 1916, payment of a sum of Rs.50,000/- was found necessary to be made to effectuate the composition that Mr.T.Lakshmidoss and Mr.T.Venkataprasad had arrived at with their creditors, they agreed to sell immovable properties, which formed part of their estate to, one, Mr.W.Ramakrishna Lala for a sum of Rs.1,10,000/-. This decision was taken in and about 15.10.1916.

2.5.Furthermore, Mr.T.Lakshmidoss and Mr.T.Venkataprasad also decided to receive the remaining value of their estate in cash. It was agreed in terms of the decree dated 31.12.1915, that the sum of Rs.1,10,000/- should be received by the OA - who, after deducting the amounts due under the insolvency would divide the balance amount between Mr.T.Lakshmidoss and Mr.T.Venkataprasad in terms of the decree, i.e., in the proportion of and respectively. As agreed, the unsold properties belonging to Mr.T.Lakshmidoss and Mr.T.Venkataprasad were conveyed by the OA in favour of Mr.W.Ramakrishna Lala vide two indentures of sale of even date, i.e., 23.03.1917.

2.6. On 12.12.1917, the said Mr.Ramakrishna Lala executed a deed of trust, whereby, he appointed the following persons as the trustees : (i) Mr.M.S.Anantha Ram Lala, (ii) Mr.A.S.Subba Rao, and (iii) Mr.C.Ranganadhan Nayudu of Dowden & Co.

2.7. The said trustees were required to sell all the properties purchased by Mr.W.Ramak