JUDGMENT :

Prayer: These Second Appeals are filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 24.09.2010 in A.S.No.4 of 2006 on the file of the Fast Track Court, Dindigul modifying and partially confirming the judgment and decree dated 27.12.2005 in O.S.No.348 of 1993 on the file of the Principal Subordinate Court, Dindigul.

1. Aggrieved over the concurrent findings of the Courts below dismissing the suit for declaration and granting permanent injunction for a certain period S.A.(MD)No.251 of 2012 has been filed by the plaintiff. S.A. (MD)No.438 of 2012 is filed by the purchaser /defendants in the suit, of the property as against the decree and judgment of the appellate Court granting permanent injunction for three days to conduct charitable purpose in the suit property.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

(i) The plaintiff is the registered Society by name Kulalar Peravai, Dindigul. The plaintiff Association is the welfare association for the Kulalar Community (Telugu Saliar Vahana Vamsam). The object of the plaintiff Society is for looking after all the properties commonly owned by the Community, especially the private trust properties. The Kulalar Community people, for the purpose of conducting Mandagapadi for the Soundararaja Perumal Temple of Thadikombu at Dingigul during the deity sojourn, have decided to purchase a property at Dindigul to do the Mandagapadi on permanent basis in their own property. The suit property was purchased for this purpose on 17.05.1907 in the name of A.Subban Chettiar for the benefit of Kulalar Community. The said Subban Chettiar collected donation and had purchased the suit property and the southern side portion, from one Subbiah Pillai and his brothers. Thereafter, the said A.Subban Chettiar as an agent and manager of Kulalar Community collected funds from various members of the Kulalar Community and put up Mandapam in the schedule mentioned property. Every year, the deity used to be alighted in the Mandapam and the festival used to be conducted during Chitra Pournami day by all the Kulalar Community. Subsequently, a Well had been sunk and madappalli had been built up and a guest house also been put up to enable the Kulalar Community people to stay during the time of festival etc., and also for stay on other days. The said A.Subban Chettiar was managing the temple to the satisfaction of the Kulalar Community people. Since the said A.Subban Chettiar was the permanent resident of Bodinayakanur, he had appointed one R.K.M.S.Kuppalagar Chetty and Kannappadi as his agents and he had also caused publication about the donation received from various Kulalar Community people.

(ii) A.Subban Chettiar also filed a suit in O.S.No.60 of 1925 along with the community people against the tenants. The said A.Subban Chettiar had never exercised any individual rights over the suit property. After the death of A.Subban Chettiar, his son, namely A.S.Subban Chettiar, with the consent of all Kulalar Community people, was conducting mandagapadi trust. He has sold a small portion measured to an extent of 1 ½ feet north to south and 95 feet east to west with the consent of the community people for a sum of Rs.300/- to one Sabthagiri Dhesigachari. Even in the partition entered between the members of the A.Subban Chettiar, the suit property has not been included, since the same was dedicated to the Community. After the death of A.Subban Chettiar, as the family is in rich and influential position out of due respect for them, the Kulalar Community allowed the suit property be maintained by the defendants 1 to 3 and other sons of late. A.Subban Chettiar as trustees. The mandagapadi trust is being performed now by the defendants 1 to 6 as trustees/managers. Mandagapadi festival has been conducted by the donations received from the community