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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel
R.Surendran, S/o. late Rose Gramani – Appellant
Versus
Arulmighu Ekambareswarar Thirukoil, represented by its Executive Officer – Respondent
JUDGMENT :
R.Sakthivel, J.
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 sake of convenience, hereinafter, the 1st Respondent herein - Temple will be referred to as the ‘plaintiff’, the said ‘Rose Gramani’ will be referred to as the ‘sole defendant’.
Plaintiff's case
3. The Suit Property is the land admeasuring approximately 2500 sq.ft., located at Plot No.116, Door No.305, Poonamallee High Road, Aminjikarai, Chennai-600 029, and comprised in Survey No.70/2, Town Survey No.2. The Suit Proper
A tenant is estopped from denying the title of the landlord when he has acknowledged the landlord's ownership through payment of rent.
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.
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 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.
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....
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