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2023 Supreme(Mad) 994

N. SATHISH KUMAR
Arulmighu Subramania Swamy Deity – Appellant
Versus
S. Poovalingam (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Muthugeethayan
For the Respondents: Mr.S.Meenakshi Sundaram, Senior Counsel for Mr.T.Arivukumar, Mr.K.Karthick, Mr.T.Selvam, Mr. PT.S.Narendravasan, Mr.M.M.Manivel Pandian, Adv.

JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree dated 31.07.2015 passed in O.S.No.33 of 2011, on the file of II Additional District Judge, Thoothukudi.

Aggrieved over the dismissal of the suit filed for declaration and recovery of possession, the present appeal came to be filed.

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

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

3.1. The suit properties were purchased on 23.11.1894 by one Poovalingam Pillam, Veerabhagu Pillai and Vallinayagam Pillai as trustees to perform the 5th day Mandagapadi of Kanda Sasti Dharma at Arulmigu Subramaniya Swamy Deity, Thiruchendur. One of the Huqdar (Trustee) viz., Veerabagu sold his 1/3rd share in favour of Vallinayagam Pillai. After his death, on 30.01.1906, Vallinayagam Pillai's wife sold 2/3rd share to the Poovalingam, first defendant in the suit. Second defendant is the son of the first defendant. First defendant has sold first item of the property in favour of the 4th defendant without any authority to sell the property. For sale of any property endowe

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