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2004 Supreme(SC) 1529

H.K.SEMA, D.M.DHARMADHIKARI
Thayarammal (Dead) By Lr. – Appellant
Versus
Kanakammal – Respondent


JUDGMENT

Dharmadhikari, J.-These two cross appeals have been filed as both the plaintiffs and defendants feel aggrieved by the judgment of the learned Single Judge of the High Court of Madras passed in Second Appeal whereby decree granted by the two courts below has been modified with directions to the Administrator General under the Administrators-General Act No. 45 of 1963 and the Official Trustee of Madras under Official Trustees Act No. 2 of 1913 (hereinafter referred to as Act 45 of 1963 and Act No. 2 of 1913) to administer the suit properties as properties of the public trust.

2. The facts relevant to the institution of the suit leading to the present two cross appeals are as under:

The properties in suit described in Schedules A & B are admittedly properties dedicated for being used by the public as Dharmachatram. The document of dedication is in the nature of a stone inscription on the front wall of the property. The property has been dedicated as a Dharmachatram meaning a Choultry of South India where travellers and pilgrims can take shelter and be provided with refreshment. The stone inscription is of the year 1805 and has a presumptive evidentiary value under the Evid






























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