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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE P.VELMURUGAN
K.R.S. Kaladevi – Appellant
Versus
M. Mayandi Servai – Respondent
JUDGMENT :
P. VELMURUGAN, J.
1. The respondents 1 to 4 in both the appeals filed the suit in O.S.No. 48 of 2015 on the file of the IV Additional District Judge, Madurai, for declaration and permanent injunction restraining the defendants 4 to 7 in the suit, who are the appellants in A.S(MD)No.138 of 2015, from in any way alienating, encumbering and putting up constructions in the suit property and for costs. The Trial Court, after considering the oral and documentary evidence, decreed the suit. Aggrieved over the same, the defendants 1 to 3 in the suit filed the appeal in A.S.No.225 of 2015 and the defendants 4 to 7 in the suit filed the appeal in A.S.No.138 of 2015. Since both the appeals arise out of the same judgment and decree, both are heard together and disposed of by this common Judgment. For the purpose of clarity, the parties are referred to as per their rank before the Trial Court.
2. (i) The case of the plaintiffs in brief as per the plaint is that the suit property originally belongs to one Muthu Thevar and the same was purchased by one Ammayappan Poosari, who was then the Trustee and Poojari of the Angala Parameswari Sonaiya Swami Temple, Arappalayam, Madurai, and the sai
The court ruled that temple property cannot be alienated by trustees without obtaining necessary permissions and demonstrating community consent as per applicable law.
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 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....
The court ruled that rightful ownership evidenced through proper documentation takes precedence over claims of adverse possession by the defendant regarding property allegedly belonging to a temple.
The main legal point established in the judgment is the determination of property ownership, the requirement of notice under S.80 C.P.C., and the maintainability of the suit under S.108 of the Hindu ....
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, ....
Point of law : Where a cloud is raised over the plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Wh....
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