JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Appeal filed under Section 96 of C.P.C., to set aside the judgment and decree dated 12.03.2008 made in O.S.No. 560 of 2004 on the file Additional District and Sessions Court, Fast Track Court No. III, Madurai.

Prayer: Appeal filed under Section 96 of Code of Civil Procedure, against the judgment and decree dated 12.03.2008 made in O.S.No. 119 of 2005 on the file of the Additional District and Sessions Court, Fast Track Court No. III, Madurai.

1. These two appeals suit arising out of the judgments passed by the Additional District and Sessions Judge, Fast Track Court No. III, Madurai, in respect of suit property Survey No. 1/1, Viralipatti village, Madurai District which is declared as reserved forest by the Forest Department. The proceedings of the Forest Department is resisted by Arulmigu Meenakshi Sundareswarar Devasthanam, the plaintiff in O.S.No. 560 of 2004 claiming the suit property belongs to Temple donated by Thirumalai Nayakar as Devadayam and also by an Association by name “Sirumalai Thenmalai Malaithotta Vivasayigal Sangam”, the plaintiff in O.S.No. 119 of 2005, claiming that their members are in possession and enjoyment of the suit property.

2. The trial Court allowed both suits. Being aggrieved by that, the State through the Officials of the Forest Department are before this Court by way of an appeals in A.S.(MD).No. 312 of 2008 against the judgment and decree passed in O.S.No. 560 of 2004 and A.S.(MD).No. 13 of 2015 against the judgment and decree passed in O.S.No. 119 of 2005.

3. Before adverting to the Law and facts involved in these two Appeal Suits, for better appreciation it is profitable to know the background of the suit subject property which is in dispute.

4. The Inam Commissioner report under the British Government submitted during the year 1863 under the Register No. 75, Viralipatti village, Nilakottai Taluk, Madurai District says the land in S.No. 1/1 is a “Devadayam” (gifted to 'God'), given permanently in support of the Pagodas of Arulmigu Meenakshi Sundareswarar Devasthanam, Thirumalai Nayakkar Kattalai at Madurai Town. The Survey number, Extent and Assessment been mentioned in the T.D.No. 1397 prepared by Inam Commissioner on 24.12.1863. The tenure of the said property is mentioned in the Inam Commissioner report as 'Permanent'. The land covering under Survey No. 1/1 been classified as Ayakar, Poramboke, dry land, cultivable land and waste dry land. The extent under each head also specified. This land is located on Western side of “Sriumalai Hills” which extents to nearly 22,000 acres. As far as the property now under consideration is located at Viralipatti village in S.No. 1/1 to an extent of 3009.84 acres forms part of Viralimalai West.

5. From 'Madura Country Manual” a report by J.H. Nelson, by the order of Madras Government and published in the year 1868, it could be understood that, Viralipatti village has been gifted to the Lord Meenakshi at Madurai by Thirumalai Nayakkar. There is enough reference about the charity of Thirumalai Nayakkars bestowing various land to 7 Temples in and around Madurai and particularly the land in Viralipatti Village permanently for Goddess Meenakshi in the Madura Country manual complied by J.H. Nelson. There is also Tamil literatures of Ancient and Medieval period referring about the Sriumalai hills.

6. In the Inam Fair Register, while referring the land in Viralipatty Village under register No. 75, it is noted that the whole of the Ayakar is dry as per fiscal account. The whole of the dry waste land measuring 418.71 acres being Anadi Tarisu or immemorial waste. This extent is situated at the bottom of the hills overgrown with jungle, but the Inam Commissioner has opined that half of the extent may be improved and cultivated. This comment appears to be common to the six villages covered under T.D.No. 1397.

7. After independence, o