J U D G M E N T

The defeated defendant is the appellant and the respondent Arulmighu Pathala Ponniamman Temple (hereinafter referred to as plaintiff) filed suit in O.S.No.5423 of 2006 on the file of VI Additional judge, City Civil Court, Chennai for recovery of possession, permanent injunction, mandatory injunction and also for future damages.

2. The plaint proceeds on the basis that plaintiff is a public religious temple governed by the Hindu Religious and Charitable Endowment (HR&CE) Department and the Executive Officer of the temple is authorised to represent the temple in all legal proceedings as per Clause 9 of the Scheme decree passed by the Hon'ble High Court in C.S.No.553/1949 r/w Section 6 (9) of the HR&CE Act.

2.1 The plaintiff is an ancient temple. The suit premises bearing Door No.72, Barracca Road, First Street, Nammalwarpet, Chennai – 12 in Survey No.3182 to an extent of 750 sq.ft. is absolutely owned by the respondent/plaintiff and the extract from the Permanent Land Register maintained in Purasawalkam Perambur Taluk 'A' Register.

2.2 During the inspection of the officers of plaintiff, they came to know that the appellant/defendant is in occupation of the suit property w