Bhan, J. - (1.) Present appeal has been filed against the judgment and decree in Second Appeal No. 316 of 1983, dated 12-4-1996 by the High Court of Judicature at Madras. By the impugned order the High Court has set aside the judgment and decree of the Courts below as a result of which the suit filed by the plaintiff-appellant (hereinafter referred to as the appellant) has been ordered to be dismissed.
(2.) A brief reference to the pleadings of the parties may be made to appreciate the points raised in this appeal.
(3.) Appellant claimed himself to be the owner of the property bearing No. D. No. 40 comprised in T.S. No. 201, Block No. 4, Ward No. 5 in the Municipal City of Tirupur. That M. R. Arunachala Mudaliar, defendant No. 2 (hereinafter referred to as the tenant) was inducted as a tenant in the year 1952 by his father at a rent of Rs. 300/- which was enhanced to Rs. 400/- in the year 1965. Arulmigu Visweswaraswamy and Veera-ragava Perumal Temples, defendant No. 1 (hereinafter referred to as the temple) also claim ownership to the property. Appellant claimed himself to be a hereditary trustee of the temple. Originally, from 1946-47 till 1959, the property stood recorded in the Municipal register in the name of three persons, namely, K. N. Palanisami Gounder, R. V. Easwaramurthi Gounder and A. Narayaanaswami Gounder. Easwaramurthi Gounder was the father of the appellant. After the death of Easwaramurthi Gounder, father of the appellant, the name of the appellant came to be registered in the Municipal record along with the other two persons. In an oral family partition the property came to the share of the appellant and thereafter the names of K. N. Palanisami Gounder and A. Narayaanaswami Gounder were removed from the Municipal register and the appellant alone came to be recorded as the sole owner of the suit property in the Municipal record. That temple taking advantage of the litigation pending between it and the appellant in respect of the trusteeship of the temple, laid claim to the suit property. Tenant paid rent till 1969 to the appellant and thereafter attorned as a tenant to temple and started paying rent to it. Appellant filed the suit for declaration of title, arrears of rent for three years immediately preceding the filing of the suit and possession of the suit premises.;