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R. SAKTHIVEL
R. Surendran S/o. late Rose Gramani – Appellant
Versus
Arulmighu Ekambareswarar Thirukoil, represented by its Executive Officer – Respondent
JUDGMENT :
R.Sakthivel, J.
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, 1908, praying to set aside the Judgment and Decree dated August 23, 2016 passed in A.S.No.594 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the Judgment and Decree dated October 6, 2007 passed in O.S.No.4736 of 2005 on the file II Assistant Judge, City Civil Court, Chennai, and thus allow the Second Appeal with cost.
This Second Appeal is directed against the Judgment and Decree dated August 23, 2016 passed in A.S.No.594 of 2008 by the 'learned XVIII Additional Judge, XVIII Additional City Civil Court, Chennai' ['First Appellate Court' for short] whereby the Judgment and Decree dated October 6, 2007 passed in O.S.No.4736 of 2005 by the 'learned II Assistant Judge, II Assistant City Civil Court, Chennai' ['Trial Court' for short] was confirmed.
2. Originally, one Rose Gramani was the sole defendant. During the pendency of the first appeal under Section 96 of the Code of Civil Procedure, 1908, he passed away and hence, his three sons were brought on record as his legal heirs / representatives, as Appellant Nos. 1 to 3 before the First Appellate Court. For the
The court affirmed the temple's ownership of the property, ruling that the tenant's occupation was illegal after lease termination, and the suit for recovery of possession was maintainable.
A tenant is estopped from denying the title of the landlord when he has acknowledged the landlord's ownership through payment of rent.
The main legal point established in the judgment is the entitlement of the temple to maintain a suit for recovery of possession despite the issuance of a joint patta under the Tamil Nadu Minor Inam A....
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....
The main legal point established in the judgment is that the Civil Court had no jurisdiction under Section 21 of Act 30 of 1963, and the possession was not with the first defendant, but with the seco....
The jurisdiction of the High Court in second appeals under Section 100 is limited to substantial questions of law; it cannot reassess factual findings unless a clear error in law has been demonstrate....
The Appellate Court erred by dismissing the cross-appeal without independent consideration, contravening procedural fairness, and the temple's claim to property based on service grant was upheld.
A tenant invoking permanent tenancy against a religious landlord must meet a high burden of proof; failure to establish such status leads to eviction.
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