JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the judgment and decree dated 28.02.2014 passed in O.S.No.36 of 2012 on the file of the II Additional District Judge, Tuticorin.

Aggrieved over the dismissal of the suit filed seeking declaration and recovery of possession and mandatory injunction not to construct any further construction in the suit property, in O.S.No.36 of 2012 on the file of the learned II Additional District Court, Tuticorin, dated 28.02.2014, the present appeal is filed by the plaintiff.

2. For the sake of convenience, the parties are arrayed as per their rank before the trial Court.

3. The brief facts leading to the filing of the Suit are as follows:

(i) Arulmigu Subramania Swamy Temple, Tiruchendur is the plaintiff in the suit. Originally the suit properties are endowed to the temple for the purpose of doing certain charities, viz., Viswarupa Neivathiyam and Archanai vide partition deed, dated 02.01.1905 executed among one Kandasamy Pillai and Muthiah Pillai. In the said deed, the suit properties were earmarked for doing certain charities. Once the properties have been endowed to the temple for performing chari