JUDGMENT :

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

The present second appeal arises out of the judgment and decree of the court of IV Additional City Civil Judge at Chennai in A.S.No.79 of 2010 dated 23.08.2011 in confirming the judgment and decree of the court of XII Assistant City Civil Judge at Chennai in O.S.No.1803 of 2007 dated 17.10.2008.

2. For the sake of convenience, the parties will be referred to as per their ranks in the suit.

3. O.S.No.1803 of 2007 is a suit filed by a public charitable trust. The case of the plaintiff is that it was formed by one Venkataswamy Gramani and is being administered pursuant to a scheme decree of this Court in CS.No.221 of 1951. The plaintiff is represented by its hereditary trustee. The trustee and the committee members have been appointed by the High Court, pursuant to the aforesaid decree.

4. The plaintiff trust has properties at Mylapore, Tondiarpet, Thiruvallur, Vembanur and Kadapakkam. It performs both Hindu and Muslim festivals. The plaintiff trust performs daily poojas at Valleeswarar Temple in Mylapore, and also Brahmotsavam at Veeraraghavaswamy Temple at Thiruvallur, and Allah Sami Peeligoondu Procession at Mannadi at Chennai.

5. It