A party lacks standing to file a suit without demonstrable legal interest in the subject matter, and collusively obtained decrees cannot confer rightful ownership absent valid proof.

JUDGMENT :

(T.V. THAMILSELVI, J.)

These appeals have been filed to set aside the judgement and decree dated 04.03.2024 passed in A.S No. 119 of 2023, on the file of II Additional District and Sessions Judge, Tirupur, confirming the judgement and decree dated 05.09.2023 passed in OS No. 582 of 2010, on the file of the Principal Subordinate Judge, Tirupur.

2. The suit in OS No. 582 of 2010 was filed by the first respondent herein, on the file of the Principal Subordinate Court, Trippur, against the appellants herein/defendants 1 & 2 and 3rd defendant/Karai Vinayagar Temple represented by Assistant Commissioner, HR & CE, Tirupur, to declare the judgement and decree dated 29.04.2010 in OS No. 145 of 2010 as Null and void. The said suit was decreed by the Trial Court and the same was confirmed by the First appellate Court. Challenging the concurrent findings of the Courts below, the defendants 1 and 2 filed these second appeals.

3. The brief facts of the plaintiff case as follows:

The suit property was originally belonged on Kuppusamy Gounder Son of Muthusamy Gounder( father of the plaintiff ) by ancestral. Kuppusamy Gounder bequeathed a registered Will on 07.10.1947 with respect to the suit properties in favour of Karai vinayagar Temple ( in short ''Temple'' ) which was constructed by the said Kuppusamy Gounder. The said Kuppusamy Gounder had one son namely Rathinsamy @ Muthurathinasamy Gounder and two daughters namely Punniyavathi and R.Bharathi/plaintiff. The said Bharathi is plaintiff herein, the defendants 1 and 2 are the son of of the said Rathinasamy Gounder/brother of the plaintiff. According to the plaintiff, the suit properties as described in the plaint schedule in S.No. 11/1, 12, 13 & 14 with large extent of the land was bequeathed by his father through registered Will dated 07.10.1947 in favour of Karai Vinayagar Temple, which was constructed by him during his life time, with the condition that, if he died and his son namely Rathinasamy Gounder @ Muthurathinasamy Gounder has not became major then the said Kuppusamy Gounder's brother namely Chinnasamy Gounder along with the Narayanasamy, Kuppanda Gounder, N.Avinashiappa Gounder and Arunachalam Thambiral being appointed as to execute and perform the pooja and other functions to the Karai Vinayagar Temple out of the earnings from the suit property which is his last Will. In the year 1964, plaintiff's father died leaving behind son and two daughters as his legal heirs and thereafter her mother was died in the year 1978. Subsequently, her brother Rathinasamy was died in the year 1990 and her another sister Punniavathi was died in the year 1997. After the death of his father, her brother Rathinsamy acted as a trustee to the said Temple. As per the partition deed, C schedule property was allotted to the Karai Vinayagar Temple, in which no one has right including her brother Rathinasamy, who was permitted to perform poojas to the said ''Temple''. Thereby, the suit property is absolutely belongs to the ''Temple'', the legal heirs of the deceased Kuppusamy Gounder have no rights or title over the suit property but the defendants 1 and 2 who are Rathinasamy's children filed OS No. 145 of 2010 and obtained collusive decree in respect of the suit property as if her father executed a another Will dated 27.07.1964 through which their father gave a suit property absolutely to the first d