G.M.AKBAR ALI, J. - (1.)The first defendant is the appellant. The second appeal is preferred against the judgment and decree dated 8.1.1997 made in A.S. No. 109 of 1994 on the file of the learned Subordinate Judge, Tuticorin, reversing the judgment and decree, dated 16.2.1984, made in O.S. No. 30 of 1993, on the file of the learned Additional District Munsif, Tuticorin.
(2.)The suit is filed for a declaration, declaring that the plaint schedule mentioned building is a trust property and for a mandatory injunction and recovery of possession. The suit is filed by the Executive Officer, 'Arulmighu Kailasanathasamy Devasthanam', Pasuvanthanai Village.
(3.)The brief facts of the case are as follows: The suit property, the 'Kalmandapam' and 'Nandavanam' of Pasuvanthanai Village is situated on the North Ratham Street. Every year the 3rd day of Tamil month of Chitrai, the second defendant and her husband used to do service to the deity of the plaintiffs temple. On that day, the deity used to be taken to the ' Kalmandapam' and the second defendant and her husband used to conduct 'Abishegam', 'Neivethiam' and 'Deeparadhana' and thereafter, the deity used to be taken to the temple. The second defendant migrated to Madurai and the first defendant is the resident of Pasuvanthanai Village and he knows that such service is being conducted on the dedication of the suit property. However, the second defendant had executed a sale deed in favour of the first defendant conveying the suit property and the first defendant has been trying to demolish the 'Kalmandapam' and put up shops in the suit property and therefore, the plaintiff is constrained to file a suit for declaration and for recovery of possession.