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2022 Supreme(Mad) 2931

P. VELMURUGAN
Vainagaram Ve. Ramanathan Chettiar (Died) – Appellant
Versus
VR. Arunachalam Chettiar – Respondent


Advocates appeared:
For the Appellant:A5 to A9, K. Govindarajan, Advocate. For the Respondents:R1, M/s. AL. Gandhimathi, R4 to R6,V. Srinivasan, Advocates, R2, Died.

JUDGMENT

(Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the Judgment and Decree of the learned Principal Subordinate Judge of Madurai dated 18.10.1994 made in O.S.No.97 of 1983.)

1. This Appeal has been filed to set aside the Judgment and Decree, dated 18.10.1994 in O.S.No.97 of 1983 passed by the learned Principal Subordinate Judge, Madurai.

2. The brief facts of the plaint are as follows:-

The plaintiffs belong to the Vainagaram family groups. The item No. 1 of the suit schedule property was purchased by the 4th plaintiff through a registered sale deeds dated 20.04.1882 and 19.06.1884 by his own income. The said building was used for worship of 63Nayanmars by placing their photos and worshiped by the family members for their welfare and they have also done poojas for their ancestors and conducted poojas for their annual ceremony. Hence, the said building was called as 'Arubathumoovar madam'. Afterwards, on 10.11.1890 and 18.06.1894 the item Nos.2 & 3 of the suit schedule properties were purchased for conducting the aforesaid poojas. The said buildings were purchased in the name of the defendants to honour their Sambandhies. The defe

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