IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.SUNDAR, J.
Thangavelu - Appellant
Versus
Arulmighu Ramanatha Swamy Koil - Respondent
S.A.Nos.186 to 189 of 2008 and S.A.Nos.241 to 250 of 2008 and M.P.Nos.1 to 1 of 2008 in S.A.Nos.186 to 189 of 2008
Decided on : 07-02-2025
| Table of Content |
|---|
| 1. temple filed suits against individuals (Para 2) |
| 2. defendants filed independent suits (Para 3 , 4 , 5 , 6 , 7) |
| 3. defendants contended on ryotwari patta (Para 8 , 9 , 10) |
| 4. trial court's findings on title (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court upheld temple's title (Para 17) |
| 6. all appeals dismissed (Para 18) |
JUDGMENT :
There are two batch of second appeals. The first batch of appeals, namely S.A.Nos.186 of 2008 to 189 of 2008 have been preferred by the defendants in the four suits filed by the respondent and the second batch of cases namely S.A.Nos.241 to 250 of 2008 have been filed by plaintiffs in the suits. Since the issue raised in all the appeals are one and the same, all the appeals are clubbed together and taken up for disposal.
2. The respondent Arulmighu Ramanathasamy Temple at Rameshwaram as plaintiff, which is under the control of HR&CE Department had instituted independent suits against 105 individuals before the District Munsif Court, Thiruthuraipoondi, for declaration of title in respect of the suit properties comprised in R.S.No.460/1, 465/1, 468/2, 490/3, 491 and 481/1 situated in Veeranvayal Village, Thiruthuraipoondi, claiming that the suit properties belonged to temple and for recovery of possession of suit properties by vacating the defendants who had been in occupation. The said suits were taken on file in a batch 105 cases viz., O.S.No.112/1999 & batch. The trial Court vide its judgment and decree dated 30.06.2003, held that the suit property belonged to the temple and decreed the suit. It also directed the defendants therein to vacate and hand over possession within a period of two months i.e., on or before 30.08.2003. Aggrieved by the said judgments and decrees, the defendants in O.S.No.114/1999, O.S.No.119/1999, O.S.No.120/1999 and O.S.No.121/1999 preferred independent appeals before the Sub Court, Mannargudi, and the same was taken on file as A.S.No.86/2006, A.S.No.87/2006, A.S.No.88/2006 and A.S.No.89/2006. The first appellate dismissed the said appeals filed by the defendants and confirmed the decree of the trial Court. Challenging the said dismissal, the defendant in the respective suits are before this Court in S.A.No.186 of 2008, S.A.No.187 of 2008, S.A.No.188 of 2008 and S.A.No.189 of 2008.
3. The individuals who had been in possession of the properties detailed in Item No.1 to 25 in the suit schedule, have filed suits in O.S.No.13/1999, O.S.No.14/1999, O.S.No.16/1999, O.S.No.25/1999, O.S.No.37/1999, O.S.No.71/1999, O.S.No.72/1999, O.S.No.73/1999, O.S.No.74/1999 and O.S.No.87 of 1999 before the District Munsif Court, Thiruthuraipoondi against Arulmighu Ramanathasamy Temple, Rameshwaram, the respondent in these appeals, for a permanent injunction, not to dispossess them from the suit schedule property, without due process of law. The trial Court vide its common judgment and decree dated 01.07.2003, dismissed all the suits. Aggrieved by the common judgments and decrees of the trial Court, the respective plaintiffs preferred first appeals in A.S.No.171/2006, A.S.No.172 of 2006, A.S.No.173 of 2006, A.S.No.174 of 2006, A.S.No.175 of 2006, A.S.No.176 of 2006, A.S.No.177 of 2006, A.S.No.178 of 2006, A.S.No.179 of 2006 and A.S.No.194 of 2006 before the Sub Court, Mannargudi. The first appellate Court vide its common judgment and decree dated 13.09.2006, confirmed the decree of the trial Court and dismissed the first appeals filed before it. The individuals who were unsuccessful both before the trial Court and first appellate Court, are before this Cout in S.A.No.241 of 2008, S.A.No.242 of 2008, S.A.No.243 of 2008, S.A.No.244 of 2008, S.A.No.245 of 2008, S.A.No.246 of 2008, S.A.No.247 of 2008, S.A.No.248 of 2008, S.A.No.248 of 2008, S.A.No.249 of 2008 and S.A.No.250 of 2008.
4.For easy reference, the temple would be referred to as the plaintiff/respondent and the individuals would be referred to as appellants/defendants.
5. The facts that are admitted in this batch of second appeals are th
The temple established its title over properties through legal processes, while defendants failed to prove their claims, leading to dismissal of appeals.
Statutory grants of title following inam abolition provide the necessary basis to recover possession without seeking additional title declaration.
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 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 presumption of ownership under Section 44 of the Tamil Nadu Minor Inams Act requires appellants to provide evidence to rebut the established rights of religious institutions over inam lands.
Statutory presumption under Section 44 of the Tamil Nadu Minor Inams Act establishes ownership rights of religious institutions over inam lands, unless rebutted by substantial evidence.
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....
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.
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....
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