JUDGMENT

The land measuring an extent of 1116 sq. ft., bearing Door No.3, Sandiyappa Street, Choolain, Chennai, which belongs to the respondent temple, had come into possession of the appellant in the year 2012 and since then, he is in occupation of the said premises. In the year 2016, when he attempted to renovate the building, the respondent temple has found that he is not the tenant under the temple and therefore, treating him as a tresspasser issued demolition notice and thereafter, filed a suit in O.S.No.1352 of 2016, for recovery of possession and removal of the super-structure.

2. The appellant has contested the suit on the ground that the property had been occupied by one Dhanalakshmi Ammal who was the tenant under the temple and it was purchased by her earlier from one Duraisamy Naicker under a registered sale deed dated 24.01.1995. Thereafter, the said Dhanalakshmi Ammal sold the super-structure to the appellant on 20.02.2012. Due to incessant rain, the building got damaged and after informing to the Executive Officer of the plaintiff temple, he repaired and renovated the building.

3. That apart, the appellant had also taken a plea that the suit is not maintainable since it