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1988 Supreme(Mad) 311

P.K.SETHURAMAN, S.MOHAN
A. Jalini Ammal (died) – Appellant
Versus
Sri Vedaranyaswami Devasthanam by its Executive Officer – Respondent


Advocates Appeared:
Mr. R. Sundaravaradan, for Mr. K. Ramachandran for Appellant. Mr. K. Srinivasan for the 1st Respondent.
Mr. K.V. Munuswamy, Government Advocate on behalf of the 2nd Respondent.

Judgment :-

MOHAN, J.

1. In the appended tabular statement (omitted Ed.) we have under various columns stated as to the property involved and the basis of the claim of the parties. In these S.T.A. Nos. common ground of attack by the appellants-claimants is as follows:—

(1) Column 7 of Inam Fair Register clearly indicates the various payments to be made by the occupants of the land. From that it is evident that Kudiwaram right has to be conferred on the appellants predecessors-in title;

(2) There had been transactions including alienations right from 1894. Therefore, even assuming that what was granted was with reference to the large extent of sites and superstructures which consisted of both the Warams and the statutory presumption under Sec. 44 of the Tamil Nadu Act 30 of 1963 would apply, that has been successfully rebutted by transactions beyond 60 years reckoned from 1.4.1960;


(3) Kudiwaram right was brought to sale in Court auction by the respondent-Devasthanam itself in prior litigation and that had come to be purchased. Therefore, even assuming both the Warams were granted in favour of the respondent-temple, the rights of Kudiwaram got separated, and

(4) There are several recei
















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