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2023 Supreme(Mad) 2941

N. SATHISH KUMAR
Idol of A/m. Sri Kalyana Venkataramanaswamy – Appellant
Versus
M. Palanivel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Saravanan
For the Respondent: Mr. M. Vallinayagam Senior Counsel for M/s.D.Nallathambi, Mr. K. Suresh

JUDGMENT :

PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.14 of 2019(PDJ Court O.S.No.27 of 2012),, dated 29.3.2019, on the file of Additional Sessions Judge/ Fast Track Mahila Court, Karur.

Aggrieved over the dismissal of the suit filed for declaration and for recovery of possession by the Plaintiff Temple, the present appeal suit came to be filed.

2. The parties are referred to as per their ranking before the trial Court.

3. The case of the plaintiff, in brief, is as follows:

The suit properties absolutely belong to the Plaintiff temple. The devadayam Inam was granted by Madurai Thirumalai Naicker for the service of Thirumalaimatti permanently. The said Devadayam Inam was confirmed on 29.4.1836 under title Deed (TD) No.1234. Originally, patta has been granted to the plaintiff under Section 8(2)(ii) of the Tamil Nadu Minor Inams(Abolition and Conversion into Ryotwari)Act, 1963 in favour of the temple, which has been challenged by some of the parties and the matter is remanded back regarding the portion of the patta granted to an extent of 4.88 ½ acres out of 6.77 acres to Matcha Naicker. The said Matcha Naicker appe

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