JUDGMENT :

The plaintiff is the appellant herein.

2. The plaintiff had filed O.S.No.29 of 1989 before the District Munisf Court, Kovilpatti for declaration and permanent injunction over 2 items of suit schedule properties. The suit was decreed with regard to the 1st item and dismissed with regard to the 2nd item by the trial Court. The defendants 1 to 3 filed A.S.No.294 of 1994 before the District Court, Tuticorin with regard to the decree granted in favour of the plaintiff for the 1st item. The plaintiff filed cross appeal, challenging the dismissal of the suit with regard to the 2nd item. The First Appellate Court allowed the appeal filed by the defendants and dismissed the cross appeal filed by the plaintiff resulting in dismissal of the suit in entirety. As against the same, the present second appeal has been filed by the plaintiff.

3. The plaintiff had contended that the suit schedule properties were originally gifted to the Pandarams who were trustees of Arupathu moovar Madam in Kalugumalai by Jamindar of Ettayapuram. According to the plaintiff one Veerappa Pandaram and others owned the properties as haqdars of the temple Madam. The plaintiff had further contended that the said