JUDGMENT :

[PRAYER: Appeal Suit filed under Section 96 read with Order 41 of Code of Civil Procedure, to set aside the judgment and decree passed by the Additional District Judge, Fast Track Court No.1, Thoothukudi in O.S.No. 102 of 2004, dated 08.02.2010.]

1. The appeal is filed challenging the judgment and decree of the Trial Court in O.S.No.102 of 2004, dated 08.02.2010 decreeing the suit filed by the plaintiff for recovery of vacant possession of suit schedule property for the past and future mense profits.

2. The unsuccessful defendant is the appellant in the appeal. The brief facts necessary for the consideration of the appeal are as follows:

The Sri Subramaniaswami Deity of Sri Subramaniaswami Temple, Tiruchendur represented by its Executive Officer, Tiruchendur filed the suit, stating that the suit schedule property belongs to Sivagamiammal Kattalai attached to the plaintiff temple by virtue of a settlement deed, dated 20.09.1933 executed by Pitchammal, SM.K.Kumarasamy Chettiar and Sivagamiammal. The main object of the Kattalai was to perform pooja to Moolavar and Shunmugar Deity of the plaintiff temple during every Sasti Thidhi, Visaga Star and Kiruthihai Star. The other obj