The main legal point established in the judgment is the requirement to file a suit for declaration of title when there is a dispute over property ownership, and the legal implications of failing to do so.

These two Second Appeals have been filed by the plaintiffs in O.S.No.3491 of 2004 and the defendants in O.S.No.836 of 2009 on the file of the 1st Additional District Munsif Court, Tiruchirappalli against the decrees and judgments dated 05.09.2014 made in A.S.No.28 of 2012 and A.S.No.111 of 2012 respectively, on the file of the Principal Subordinate Court, Tiruchirappalli.

2. The plaint averments in O.S.No.3491 of 2004 and averments in the written statement in O.S.No.836 of 2009 filed by the appellants in the above second appeals are as follows:-

The properties comprised in S.F.No.42/1 measuring to an extent of Ac.2.78 cents and an extent of Ac.0.25 cents in S.F.No.44 situate at Varanganeri Village, Tiruchirappalli Taluk were originally owned by Krishnasamy Iyengar and others. They had executed two registered sale deeds in favour of one Mr. Somasundaram Reddiar in the year 1969. The appellants purchased the said properties under four registered sale deeds in the year 1980. The said properties are lying in one block with a compound wall. The appellants are in possession and enjoyment of the said properties by paying kist and they have also been granted patta by the Government. One S.M. Khan filed a suit in O.S.No.88 of 1963 on the file of the District Munsif Court, Tiruchirappalli against SRSKS Iyengar Family Trust and the said suit was dismissed. The defendants are utter strangers and attempting to interfere with the plaintiffs' peaceful possession and enjoyment of the suit properties. In addition to the above allegations the appellants who are defendants in O.S.No.836 of 2009 filed written statement stating that they have also acquired title to the properties by adverse possession.

3. The plaint averments in O.S.No.836 of 2009 and averments in the written statement in O.S.No.3491 of 2004 filed by the respondents in the above second appeals are as follows:-

The total extent of the properties comprised in S.F.No.42 is Ac.8.64 cents. An extent of Ac.1.50 cents out of the Ac.8.64 cents was purchased by Rengasamy Konar/the father of the plaintiffs 1 to 4 in O.S.No.836 of 2009 vide a registered sale deed No.1433 of 1963 dated 11.04.1963. After the demise of the said Rengasamy Konar, the plaintiffs in O.S.No.836 of 2009 being his legal heirs are in peaceful possession and enjoyment of the said property. The said property and other properties were originally covered in Title Deed No.1167 granted by Rani Mangammal to her commander Raja Mirsari Khan and his brother Khanmian. The said grant was a personal inam and it has been confirmed by the Inam Commissioner under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 M/s. SRSKS Iyengar Family Trust had claimed imaginary and unfounded right over the said property and filed Trust O.P.No.48 of 1962 before the Principal District Court, Tiruchirappalli, seeking permission to sell the suit property in O.S.No.836 of 2009 and other properties. At the intervention of S.M. Khan, who is none other than the lineal descendants of Raja Mirsari Khan, the said Trust O.P. was dismissed on 11.02.1963. The trustees of M/s. SRSKS Iyengar Family Trust suppressing the dismissal of the above Trust O.P. and without getting permission to sell from the District Court sold the suit property and other properties to Somasundara Reddiar in the year 1969. No Ryotwari Patta was issued in favour of M/s. SRSKS Iyengar Family Trust. This Court by an order dated 17.07.1991 in CRP.No.601 of 1991 held that the Trustees of M/s. SRSKS Iyengar Family Trust cannot sell the Trust properties by filing Trust O.P. before the District Court since the said Trust is a private religious and charitable Trust is outside the scope of the Trust Act. The competent authority to grant permission to sell the Trust properties is the Commissioner of H.R.&C.E. Madras. The same has also been reported in 1992 I MLJ page 47. As the suit property is an Inam land the regular Tahsildar has no power to issue patta in favour of