K. VELAYUTHAM AND ORS. Vs. INDIRA GANDHI

JUDGEMENT

(1.) This Second Appeal arises out of the decree of the I Additional District Judge, Tirunelveli dated 10.10.2013 made in A.S. No. 22 of 2013. The said appeal was filed against the decree of the trial Court namely, Sub-Court, Sankarankovil dated 28.02.2013 made in O.S. No. 92 of 2010. The respondents herein who were the plaintiffs in the said suit filed the suit for the following reliefs:

(2.) The suit was resisted by the first appellant contending that by virtue of a sale deed dated 15.07.1995 he got the akdharship/trustship in respect of the suit temple and its property transferred in his favour and that the subsequent unilateral cancellation of the sale deed dated 15.07.1995 was legally invalid and ineffective. It transpires that purporting to exercise the right sought to be conferred on him under the sale deed dated 15.07.1995, the first appellant in the capacity as akdhar/trustee of Arulmigu Subramaniasamy Temple created a mortgage in favour of the appellants 3 and 4/defendants 3 and 4. However, the respondent herein/plaintiff, intending to project herself to be a person interested in safeguarding the interest of the properties of the temple, chose to file the above said suit against the appellants herein for the reliefs indicated supra.

(3.) The suit was decreed by the trial Court by a judgment and decree dated 28.02.2013 and on appeal, the lower Appellate Court confirmed the decree of the trial Court by a judgment and decree dated 10.10.2013. As such, the present Second Appeal has been filed against the judgment and decree passed by the trial Court as confirmed by the lower Appellate Court. The Second Appeal was admitted on 21.04.2015 on the following substantial question of law:-