JUDGMENT :

A. The Appeal Suit :

1. This Appeal Suit is filed against the judgment and decree, dated 11.06.2008 passed by the learned VI Additional Judge, City Civil Court, Chennai in O.S.No.4769 of 2006, in and by which, the suit filed by the plaintiff, to declare that the plaintiff temple will be entitled to manage and administer the Durgai Lakshmi Kalyana Mandapam and to direct the defendants to quit and deliver vacant possession of the schedule properties and for verifying the accounts and rents, was decreed by the Trial Court.

B. The Plaint :

2. The case of the plaintiff is that, it is one of the oldest temple situated at No.8, Manali Chinniah Garden II Street, Old Washermanpet, Chennai - 600 021. For the maintenance of the temple, the then Trustees, with the help of the public and collections made from the devotees, had put up a Kalyana Mandapam in the temple premises itself in the first floor as a specific endowment for the temple. The same is rented out for weddings and other functions and the income derived there from was utilised by the temple for its maintenance. The second defendant’s father, D.Kandaswamy Chetty and one D.Munuswamy Chetty were declared as the Hereditary Tr