IMPORTANT POINT
The central legal point established in the judgment is the invalidity of alienation of temple properties without proper sanction under the Hindu Religious and Charitable Endowments Act, rendering such transactions null and void.

JUDGMENT :

S.M. Subramaniam, J.

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 06.06.2022 in W.P.No.7220 of 2022 on the file of this Court.)

1. The present Intra-Court Appeal has been instituted challenging the judgment dated 06.06.2022 in W.P.No.7220 of 2022.

APPELLANTS CASE:

2. The subject property of all that piece and parcel of land bearing Door No.7, Jayalakshmipuram, Third Street (now known as Seethanagar), Nungambakkam, Chennai – 600 0034 situate in R.S.No.477 part, O.S.No.341, Collector's Certificate No.103, bounded on the North by Jayalakshmipuram Third Street, East by R.S.No.478 Sithanagar Colony, on the South by Police Land and on the West by land leased out to Raju Pillai, measuring one ground and 379 Sq.ft. within the Sub Registration District of T.Nagar and Registration District of Chennai South belonging to the Arulmigu Agastheeswarar Prasanna Venkatesa Perumal Devasthanam. The Temple is falling under the control of the Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu.

3. The appellants claim that the subject property was purchased by Mr. N. Meeran, son of Nagoorkani and Mr. N. Sherif, son of Nagoorkani vide Sale Deed dated 11th October, 1990 in Document No.806 of 1990. Subsequently, the said Mr. N. Meeran and Mr. N. Sherif executed a Sale Deed dated 27th June, 1992 in Document No.578 of 1992 in favour of Mrs. M.E. Siddiqa, wife of A. Sathak Nizar / 2nd appellant in the present writ appeal.

4. It is not in dispute that the temple was the sole and absolute owner of vast extent of land in and around Nungambakkam and the father of Mr. N. Meeran and Mr. N. Sherif, Mr. Nagoorkani was a tenant in respect of piece of land, measuring to an extent of 1 ground and 379 Sq.ft. Situated in R.S.No.477 part, O.S.No.431, Collector's Certificate No.103 bearing New Door No.7, Jayalakshmipuram Third Street, now known as Seetha Nagar. Monthly rent of Rs.15/- was fixed for tenancy. Mr. Nagoorkani, the original tenant was irregular in payment of rent to the temple and he died on 14.10.1986, leaving behind Mr. N. Meeran and Mr. N. Sherif as surviving legal heirs. Thus, they became the tenants under the temple. The said Mr. N. Meeran and Mr. N. Sherif also committed default in payment of rent.

5. Thereafter, a suit for recovery of possession was filed by Arulmigu Agastheeswarar Prasanna Venkatesa Perumal Devasthanam in O.S.No.5802 of 1987 on the file of XIIIth Assistant City Civil Court at Chennai. The averments made in the plaint are disputed. The 1st defendant / Mr. N. Meeran in the civil suit filed a written statement admitting that the plaintiff / Temple is the owner of the vast extent of land in and around Nungambakkam and the piece of land admeasuring about 1 ground 378 Sq.ft as described above was leased out by the temple in favour of Mr. Nagoorkani. The lease of land was on a monthly rent of Rs.15/- and it was admitted in the written statement also. However, the default committed by the original lessee was denied. The written statement states that Mr. Nagoorkani paid the ground rent of Rs.15/- without any default till his date of death on 14.10.1986. Thereafter, the defendants Mr. N. Meeran and Mr. N. Sherif have become tenants, since they were sole surviving legal heirs of Nagoorkani. The written statement further states that during the life time of lessee Mr. Nagoorkani, they have constructed a permanent super-structure on the vacant land leased out by the temple. Mr. Nagoorkani was residing in the said temple land till his death and thereafter, his legal heirs Mr. N. Meeran and Mr. N. Sherif continued to reside in the said temple property.

6. The written statement further states that the defendants are entitled to the benefits of the Tamil Nadu City Tenants Protection (Amendment) Act, 1996. Consequently, the defendants Mr. N. Meeran and Mr. N. Sherif filed a petition under Section 9 of Tamil Nadu City Tenant Protection Act, 1921 in I.A.No.15824 of 1987 in O.S.No