G. K. ILANTHIRAIYAN
Arulmigu Saravana Pillaiyar Temple, Saravappa Naiyaken Dharma Chanthiram and Arulmigu Selva Muthu Mariamman Temple, S. N. Chavadi, Cuddalore, Rep. by its fit Person, J. Raja Saravanakumar, S/o. K. Jayachandran – Appellant
Versus
K. Amutha – Respondent
JUDGMENT :
(Prayer : Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree dated 31.10.2019 made in A.S.No.66 of 2016 by the learned Principal District Judge, Cuddalore, confirming the judgment and decree dated 01.08.2016 passed in O.S.No.134 of 2010 on the file of the learned Principal Sub Judge, Cuddalore by allowing the above appeal and decreeing the suit as prayed for.)
1. This Second Appeal has been filed as against the judgment and decree dated 31.10.2019 passed by the learned Principal District Judge, Cuddalore, in A.S.No.66 of 2016, confirming the judgment and decree dated 01.08.2016 passed by the learned Principal Sub Judge, Cuddalore, in O.S.No.134 of 2010, thereby dismissing the suit filed by the appellant for declaration, delivery of possession, permanent injunction and mandatory injunction.
2. The appellant is the plaintiff and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.
2.1. The case of the plaintiff is that the suit property originally belonged to the government and thereafter it was endowed to the plaintiff, by virtue of title grant in T.D.No.2310
The requirement of prior sanction for sale of temple properties under the TamilNadu Hindu Religious and Charitable and Endowments Act, 1959, and the legal principle that an agreement to sell does not....
Beneficiaries of a religious trust have the right to seek injunctions against unauthorized alienation of trust properties, and the Executive Officer is duty-bound to protect such properties.
The court ruled that temple property cannot be alienated by trustees without obtaining necessary permissions and demonstrating community consent as per applicable law.
The court established that a sale deed transferring property of a deity without proper authorization is invalid, making recovery suits unmaintainable if the deity is not a party.
A dedication of property for religious purposes can be established through intent and conduct, even in the absence of formal documentation, and such dedication constitutes a public religious charity ....
The main legal point established in the judgment is the requirement for proper stamping and registration for a valid sale deed, the distinction between dedication to a temple and a sale transaction, ....
The main legal point established in the judgment is that the Executive Officer has the right to file a suit for temple properties, and the Civil Court has jurisdiction to decide the title of the prop....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.