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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SRIMATHY
Idol Sri Kalyana Pasupatheeswara Swamy Sri Kalyana Pasupatheeswara Swamy Devasthanam, Karur – Appellant
Versus
Kumarasamy Gounder (Died) – Respondent
| Table of Content |
|---|
| 1. common judgment passed for consolidated appeals. (Para 1 , 2 , 3) |
| 2. claims of temple ownership based on land dedication. (Para 4) |
| 3. ownership of temple property established. (Para 5 , 6) |
| 4. legal arguments regarding ownership and right of resumption. (Para 7 , 14) |
| 5. procedural issues in handling cross appeals. (Para 8 , 10) |
| 6. substantial questions of law regarding appeal processing. (Para 9) |
| 7. conditions for granting upliftment charges discussed. (Para 11 , 12 , 13) |
| 8. court's final judgment and orders issued. (Para 16 , 17) |
JUDGMENT
S. SRIMATHY, J.
Both the appeals are arising out of the common judgment passed in the Appeal Suit and Cross Objection hence both the appeals are taken up together and a common judgment is passed.
2.i. The second appeal in S.A.(MD)No. 83 of 2017 is filed by the plaintiff / Temple against the Judgment and Decree dated 18.11.2013 passed in A.S.No.39 of 2012 on the file of the Principal Sub Court, Karur, reversing the Judgment and Decree dated 09.12.2011 passed in O.S.No.69 of 2008 on the file of the Principal District Munsif Court, Karur.
2.ii. The second appeal in S.A.(MD)No. 84 of 2017 is filed by the plaintiff /temple against the Judgment a
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 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 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 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....
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....
A tenant is estopped from denying the title of the landlord when he has acknowledged the landlord's ownership through payment of rent.
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