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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. RAVINDRAN, J.
S.Thiyagaraja Gurukkal - Appellants
Vs.
Thirukazhukundram Aadhi Saiva Sivachariargal Sangam - Respondent
S. A.No.535 of 2015 and CMP NO. 16072 of 2018
Decided On : 30-10-2018
Civil Procedure Code - Section 100 - Suit for Permanent Injunction - Trial Court - Challenge in this second appeal - Case of the plaintiff, in brief, is that plaintiff’s was formed and registered before the Registrar of societies and plaintiff’s mainly consists of hereditary and of Sri temple to enable them to ventilate their grievances and to find out an amicable solution for solving same and to effectively manage and administer properties belonging to situated in survey to regulate and decoration of Deity and to sort out modalities between temple and to start – Held, In light of above discussions first appellate court had erred in going into question of title in absence of prayer of declaration of title by plaintiff particularly when plaintiff’s title to suit property is under challenge in to by defendants and therefore first appellate court should have rejected the plaintiff’s suit as not maintainable barely laid for permanent injunction without seeking relief of declaration of title to the suit property first appellate court is also found to have erred in accepting plaintiff’s case based upon the tax receipts and service connection documents by failing to take note of fact that above said documents do not serve case of plaintiff to establish its legal possession and enjoyment of suit property as described in plaint and furthermore projected documents mainly marked in first appellate court had come into existence after institution of the list first appellate court has failed to give valid and acceptable reasons for setting aside well considered reasoning’s of the trial court for non suiting plaintiff, particularly for its acceptability to settlement deed marked as first appellate court is also found to have erred in indirectly upholding the claim of title to suit property of plaintiff by analyzing materials placed on record as if suit laid by plaintiff is a title suit involving declaratory relief’s and in such view of matter judgment and decree of first appellate court upholding plaintiff’s claim of legal possession and enjoyment of suit property, cannot be sustained as per law substantial questions of law formulated in this second appeal are accordingly answered against the plaintiff and in favor of defendants – petition closed
JUDGMENT :
Prayer in S.A.No.535 of 2015: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 31.03.2015 passed in A.S.No.28 of 2011 on the file of the Additional Subordinate Judge, Chengalpet, reversing the judgment and decree dated 30.08.2011 passed in O.S.No.14 of 2006 on the file of the District Munsif cum Judicial Magistrate, Thirukalukundram.
Prayer in CMP.No.16072 of 2018: Civil Miscellaneous Petition filed under Order 41 Rule 27 of CPC praying to receive and mark the additional documents listed in S.A.No.535 of 2015 on the side of the appellants.
Challenge in this second appeal is made to the judgment and decree dated 31.03.2015 passed in A.S.No.28 of 2011 on the file of the Additional Subordinate court, Chengalpet, reversing the judgment and decree dated 30.08.2011 passed in O.S.No.14 of 2006 on the file of the District Munsif cum Judicial Magistrate Court, Thirukalukundram.
2. The Parties are referred to as per their rankings in the trial Court.
3. Suit for Permanent Injunction.
4. The case of the plaintiff, in brief, is that the plaintiff’s sangam was formed on 14.01.2001 and registered before the Registrar of societies and the plaintiff’s sangam mainly consists of hereditary archakas and archakas of Sri Vedagireeswarar temple to enable them to ventilate their grievances and to find out an amicable solution for solving the same and to effectively manage and administer the properties belonging to the sangam situated in survey No.29/1B, 1A and 29/20 at New No.68, Old No.112, Big Street, Thirukalukundram, to regulate the poojas, Rishabandanam and decoration of the Deity and to sort out the modalities between the temple and the archakas and to start veda ahama padasala. Accordingly, the persons who were born in Thirukalukundram in the family of archakas, moreso, the male members shall be eligible to become the members of the sangam and the persons belonging to Kowsika Gotram, Bharadwaja Gotram, Agasya Gotram and hereditary poojamiras are entitled to become the members of the sangam and the persons belonging to the above said family, who had crossed the age of 18 years and residing in Thirukalukundram are members on payment of necessary subscription fees. Thirukalukundram Adhi Saiva Sivachariyargal Sangam was originally functioning over 80 years at grama natham old survey No.29/A and subsequently, the old survey number has been sub divided into 29/1B, 1A at old Door No.112, Big Street, Thirukalukundram in the name of Adhi Saiva Parambarai Agora Sivachariarswamigal madam and the above said madam has got the suit property from Kuppu Gurukkal and others by way of a registered settlement deed dated 29.04.1980 and after acquiring the suit property, the plaintiff’s madam has constructed a building in the suit property and at that time, the madam was administered by Sabapathy Gurukkal, who had donated a sum of Rs.75/-; to the said building on 16.08.1926 and he has administered the said madam and thereby, the house tax has been assessed in his name and even after his death, the house tax continues in his name and the service connection No.139 has been obtained. It was in the name of the then administrator Thiru. Margasaghaya Gurukkal and after the formation of the sangam, the office bearers had given an application to transfer the connection in the name of the plaintiff&’s sangam and accordingly, the service connection had been transferred in the name of the plaintiff’s sangam and based on the long and uninterrupted possession, grama natham patta had been granted to the plaintiff’s sangam and the patta had been granted in the name of Adisaiva Archakar sangam and after obtaining the patta , the plaintiff’s sangam had been registered in the name and style of Adisaiva Sivachariyargal sangam and the above said facts are known to the defendants 1 to 5, who are the members of the plaintiff’s sangam, and in any event, the plaintiff’s sangam and its predecessor in title have prescribed title to
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