IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M. VELUMANI, J.
The Executive Officer, A/m. Subramaniaswamy Thirukovil - Appellant
Versus
P. Subramaniam & Ors. - Respondents
S.A. Nos. 536, 543 & 544 of 2017; C.M.P. Nos. 13048, 13266 & 13267 of 2017
Decided On : 28-06-2018
Constitution of India, 1950 - Article 96 – Civil Procedure Code, 1908 - Sections 151 and 21 - Tamil Nadu Minor Inams Act, 1963 – Sections 3, 8, 21, 64C, 11, 12, 15, 16, 20, 43, 46, 47 and 7 - Hindu Religious and Charitable Endowments Act, 1951 - Sections 20, 45, 6 and 28 - Religious Educational or Charitable Institution - Parties involved in all three Second Appeals are one and same and therefore they are disposed of by this common judgment -Appellant in all three Second Appeals is plaintiff and respondents are defendants on file of Sub Court - Appellant filed said suit for declaration that suit properties are Temple service inam lands for possession of suit properties from respondents 1 to 61 and if respondents 1 to 61 fail to deliver vacant possession for mandatory injunction for delivery of vacant possession through Court and for permanent injunction restraining respondents 1 to 61 from creating any encumbrance and for other reliefs - Trial Court granted relief of declaration and permanent injunction and dismissed suit for possession - Challenging same appellant filed First Appeal - In said Appeal defendants 7 and 51 filed Cross Appeal - Defendants 24 and 25 filed First Appeal against decree of declaration and permanent injunction - First Appellate Court dismissed and allowed Cross Appeal - Against said common judgment and decree made and Cross Appeal reversing judgment and decree made on file of Sub Court respectively present three Second Appeals are filed by plaintiff/appellant - Held, On such payment legal heirs of Mada Naicken have become absolute owners of suit property and as per provisions Ryotwary patta issued to occupier/service provider after abolition of inam is document of title - Courts are bound by provisions of Act which is beneficial legislation brought into force to bring occupier who cultivated land directly under control of Government - Contention of learned counsel for appellant is that land in question is service land allotted to service provider to render ukkiranam service - This confirmed permanent service and service holder is bound to continue to render service after appointed date - Service inams provisions of this Section shall apply in respect of any minor inam which was held immediately before appointed day by an individual on condition of rendering service to a religious educational or charitable institution - Service-holder shall subject to provisions be bound to continue to render service after appointed day - Where a service-holder is entitled to a ryotwari patta in respect of any land he shall have option - Either to pay to religious institutions amount specified and on such payment land shall notwithstanding anything contained be discharged from condition of service - Order Accordingly.
S.A.Nos.536 and 543 of 2017 have been filed to set aside the judgment and decree dated 07.04.2017 made in A.S.Nos.16 and 28 of 2016 on the file of the Additional District Court No.3, Dharapuram, reversing the Judgment and Decree dated 10.03.2016 made in O.S.No.3 of 2010 on the file of the Sub Court, Dharapuram.
S.A.No.544 of 2017 has been filed to set aside the judgment and decree dated 07.04.2017 made in Cross Appeal in A.S.No.28 of 2016 on the file of the Additional District Court No.3, Dharapuram, reversing the judgment and decree dated 10.03.2016 made in O.S.No.3 of 2010 on the file of the Sub Court, Dharapuram.
2. The issues and the parties involved in all the three Second Appeals are one and the same and therefore, they are disposed of by this common judgment.
3. The appellant in all the three Second Appeals is plaintiff and respondents are defendants in O.S.No.3 of 2010 on the file of the Sub Court, Dharapuram. The appellant filed the said suit for declaration that the suit properties are Devadayam-Temple service inam lands; for possession of the suit properties from respondents 1 to 61 and if the respondents 1 to 61 fail to deliver vacant possession, for mandatory injunction for delivery of vacant possession through the Court and for permanent injunction restraining the respondents 1 to 61 from creating any encumbrance and for other reliefs. The Trial Court granted relief of declaration and permanent injunction and dismissed the suit for possession. Challenging the same, the appellant filed First Appeal A.S.No.28 of 2016. In the said Appeal, the defendants 7 and 51 filed Cross Appeal in A.S.No.28 of 2016. The defendants 24 and 25 filed First Appeal A.S.No.16 of 2016 against the decree of declaration and permanent injunction. The First Appellate Court dismissed A.S.No.28 of 2016 and allowed Cross Appeal in A.S.No.28 of 2016 and A.S.No.16 of 2016. Against the said common judgment and decree dated 07.04.2017 made in A.S.Nos.16 and 28 of 2016 and the Cross Appeal in A.S.No.28 of 2016, reversing the judgment and decree dated 10.03.2016 made in O.S.No.3 of 2010 on the file of the Sub Court, Dharapuram respectively, the present three Second Appeals are filed by the plaintiff/appellant.
4. According to the appellant, the suit property was granted to the appellant in the year 1863 in T.D.2360 as Devadayam-Temple service land. The said lands will be handed over to the employees of the temple for rendering service to the temple and they can be in possession till they render service to the temple. For the suit property and another property measuring 1 Acre 10 cents, Ryotwari patta was issued to Mada Naicken by settlement Tahsildar, Gobichettipalayam, by proceedings dated 28.02.1969 bearing S.R.No.54/69/M.I.Act/Darapuram Taluk. This Ryotwari patta was granted as per abolition of Tamil Nadu Minor Inams (Abolition and conversion into Ryotwari) Act, 1963 (30 of 1963) (hereinafter called as 'Act 30 of 1963'). The said patta was granted with certain conditions. One Nachimuthu Gounder and others filed Appeal before the settlement Tahsildar, Coimbatore, claiming perpetual lease. The settlement Tahsildar, Coimbatore, by the order dated 30.06.1972, bearing S.R.No.54/68 ,/r/No.589/C2, granted Ryotwari patta for an extent of 1.10 Acres to Nachimuthu Gounder, Thangammal, Naachammal and Samathal. The Ryotwari patta was confirmed in respect of the suit property in the name of Mada Naicken. No appeal was filed against the said order. Mada Naicken did not pay any amounts as per the above orders, but was doing service and was enjoying the suit property. After his death, his three sons were doing service to the temple and enjoying the property. After the death of Semmalai, his three sons/defendants 4 to 6 and one of the sons of Mada Naicken partitioned the property among themselves after leaving 2 Acres and 61 cents for road and each were enjoying 83 cents. Only the 6th defendant/Rajendran was doing ukkiranam service to the temple. The legal h
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