JUDGMENT

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The Plaintiff is the appellant herein. The Madathipathi of Sri Nataraja matam,Chockalingaswami matam, Vedantha matam, Keelpandy, Veppanjeri by Thavathiru Sadhu Shanmuga Adigalar Swamigal( in short ''Sadhu Shanmuga Adigalar) had filed a suit for permanent injunction restraining the respondent/defendant, the Madathipathi of Peria matam from interfering with the peaceful possession and enjoyment of the property in O.S.No.42 of 2017, Thiruthuraipoondi. The suit was decreed after trial. On appeal by the defendant in A.S.No.13 of 2011, the appeal was allowed and hence, the second Appeal.

2.The above Second Appeal was admitted on the following substantial questions of law:

1.Whether the lower appellate Court has committed an error in law in holding that the respondent is entitled to cancel the Trust Nomination Deed made in favour of the appellant, when the deed itself contains a clause that the same is irrevocable?

2.Whether the lower appellate Court has committed an error in holding that the plaintiff is not entitled to the relief of injunction, as he had not sought for a declaration of his status as Madathipathi?

3.Whether the lower appellate Court has committed an error in holding that the plaintiff is not entitled to the relief of injunction without there being a prayer for cancellation of Ex.B8?

3.Heard the submissions made by Mr.A.Natarajan, learned Senior Counsel appearing for the appellant and Mr.V.Manohar, learned counsel appearing for the respondent/Madathipathi of Periya matam/defendant-matam.

4.The brief facts that are necessary for the determination of the above Second Appeal is as under:

4.1.The respondent herein has executed Ex.A2 wherein the plaintiff was appointed as Madathipathi of Sri Nataraja matam, Chocklingswami matam, Vedantha matam of Veppanchery by way of a Trust Nomination Deed, dated 5.8.2002, whereby, the plaintiff was vested with the matams and the properties belonging to the matams which are situated at Veppanchery Village, Kilpande, Thiruthuraipoondi Taluk. Since the date of the Trust Deed and vesting of the properties upon the plaintiff, the plaintiff/Appellant has been in possession of the properties. The revenue records viz.,Patta, Chitta and Kist receipts stand in the name of the plaintiff/Appellant.

4.2.Since the respondent herein has tried to disturb the appellant's possession of the suit property by use of force, the Petitioner/appellant herein had filed a suit in O.S.No.42 of 2007, on the file of the District Munsif Court, Thiruthuraipoondi for permanent injunction against the respondent from interferring with the peaceful possession of the property.

4.3.The respondent herein contended before the trial Court that a Deed of Cancellation has been executed by the respondent under Ex.B8, whereby, the Petitioner/appellant is not in possession of the suit property.

4.4.The trial Court has considered both oral and documentary evidence on both sides and decreed the suit in O.S.No.42 of 2007 by a judgment and decree, dated 19.11.2012. Aggrieved by the judgment and decree, the respondent herein had preferred an appeal in A.S.No.13 of 2011 before the Sub-Court, Mannargudi.

4.5.Aggrieved by the judgment and decree of the Sub-Court, Mannargudi, the Petitioner/appellant has preferred the above Second Appeal before this Court.

5.On a perusal of the document filed before the trial Court on behalf of the Plaintiff/Sadhu Shanmuga Adigalar, representing Madapathi of Plaintiff, as power agent, is examined as P.W.1 and Ex.A1 to Ex.A48 were marked. On behalf of the defendant, Sri Sivananda Swamingal, the Madathipathi of Periya matam/defendant matam examined himself as D.W.1 and Ex.B1 to Ex.B17 were marked. The trial Court, taking note of the fact that the plaintiff has redeemed three mortgages and also renovated the Mut Building in the 'A' schedule property and Annadanams are being carried out and mutation of name in the revenue records have been effected and the possession of the plaintiff being establi