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(j) The plaint-schedule-properties do not belong to the Velladichivilai Hindu Nadar Oor Vanai Trust. The plaintiffs are not the elected Trustees. The plaintiff is not in exclusive possession and enjoyment of the plaint-schedule- properties. The defendants' grand-father Shanmugaperumal Nadar was the founder - hereditary Trustee for his life-time. His heirs being the defendants' grand-father Sreekrishnaperumal Nadar, had succeeded by hereditary Trusteeship and he was in possession and enjoyment of the Pathra Kali Amman Temple and also its assets. After the demise of Sreekrishna Perumal Nadar, his decendants Shanmughaperumal Nadar, Vaikundamari Nadar and Ponniah https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 12:44:59 pm ) Nadar, had acted as hereditary Trustees for their life-time. The genealogical tree of the three generations, is as follows:

hereditary Trustee. The defendants and their family members have conducted the Kodai festival in their private family Sree Pathra Kali Amman Temle from 14.05.1993 to 16.05.1993. The defendants used to conduct the annual Kodai festival for their family Sri Pathira Kali Amman Private Temple, with their own expenses. Patta for item No.1 stands in the name of Vaikundamari Nadar as a Trustee to the Pathira Kali Ammana Temple. In the year 1969, the Settlement https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 12:44:59 pm ) Authorities issued the Patta in the name of Pathira Kali Amman, which was obtained by the then hereditary Trustee Vaikundamari Nadar. The second defendant Sree Krishnan is the son of Vikundamari Nadar. For the last more than 30 years, Vaikundamari Nadar family members are paying the tax to the Government. Thus, item No.1 is the defendants' private family Trust property.

(n) The defendants' ancestors were the native of Lalavilai for many decades and they have founded the Sree Pathira Kali Amman Temple before three generations for the welfare and the benefit of their family alone. The defendants' ancestors were the hereditary Trustees and they were acted as Poojaris for their private family Sree Pathira Kali Amman Temple. The plaintiffs and the other ancestors came from the other villages and settled at Velladichivilai on various reasons. Most of the people have no Patta land for their own residence and a few years back, some of them have trespassed into the Chetti Street Pillaiyar Temple Trust paddy field and put up huts. Now, most of the people and two plaintiffs are residing therein and created a new Anna Nagar Colony. On behalf of the Chetti Street Pillaiyar Temple Trust, the lessee filed a Civil Suit before the Nagercoil Munsif Court against the encroachers and obtained a decree for eviction. The plaintiffs' group indulged, abetted and foisted a criminal case in C.C.No.111 of 1980 against the hereditary Trustee late Ponniah Nadar and three others, due to enmity. The case ended in acquittal. https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 12:44:59 pm ) The plaintiffs and the encroachers of Anna Nagar Colony and their group have enmity against the defendants' family, since they have not extended their support for the illegal encroachments. The original citizens of Velladichivilai have not come as plaintiffs in the vexatious and frivolous suit and claims.

(p) The allegation that the plaint-schedule-properties are in exclusive possession and enjoyment of the Trust and its members, is denied. The plaint- schedule-properties are in possession and enjoyment of the defendants and their family members, since it is being their private family Trust properties. The allegation with reference to Patta is not correct. The Patta of the plaint-schedule- properties are standing in the name of the defendants' private family Trust Temple, Sri Pathira Kali Amman Temple and the hereditary Trustees Shanmuga Perumal Nadar and Vaikunda Mari Nadar. The allegation that the third and fourth https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 12:44:59 pm ) items of the schedule properties, the Patta is wrongly given in the name of Shanmuga Perumal Nadar, is denied. The plaintiffs have no right to change the Patta of the schedule properties, in the name of their alleged Trustee in the name of their alleged fictitious Trust. The hereditary Trustee of the defendants' family have paid the Revenue Tax to the Government and the Electricity Bill to the Electricity Board.