JUDGMENT :

R. Subramanian, J.

1. The defendants 4 to 9 and the legal heirs of the 10th defendant in O.S. No. 128 of 1997 are the appellants. Challenge is to the judgment and decree of the trial court made in the said suit granting a declaration that the suit property belongs to the Deity Sri Muthiahswamy and directing the defendants 3 to 10 to vacate and hand over the suit property to the plaintiff without any let or hindrance and for payment of future mesne profits.

2. The plaintiff laid the suit contending that the suit property is a trust property, in which, the Deity Sri Muthiahswamy is established. The suit Deity which is the family Deity of the first plaintiff and the defendants 1 and 2 is kept in the suit property for more than 5 generations. The predecessors in interest of the plaintiff one Nagappa Pillai and his brother Arumugam Pillai had executed a trust deed on 30.04.1951, in and by which, the elder brother Arumugam Pillai was appointed as a Trustee to look after and conduct festivals and functions of the family Deity. Under the said deed, there is an absolute dedication of the property in favour of the Deity and the elder brother Arumugam Pillai was appointed as a trustee