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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
A.P.JYOTHI – Appellant
Versus
MARUTHAYIL ABDUL KARIM – Respondent
| Table of Content |
|---|
| 1. title dispute over religious property. (Para 1 , 2) |
| 2. questions of law framed for resolution. (Para 3 , 4 , 7) |
| 3. contention on validity of findings by lower courts. (Para 5 , 6) |
| 4. nature and construction of ext.a3 deed. (Para 8 , 10 , 11 , 12) |
| 5. application of section 76 of the madras act. (Para 17 , 18 , 19 , 20 , 22 , 23) |
| 6. claims of fixity of tenure and its requirements. (Para 24 , 26 , 27) |
| 7. limitations on civil court's review of purchase certificate. (Para 28 , 29 , 30) |
| 8. exemption of temple properties under the act. (Para 31 , 32 , 33 , 34 , 35) |
| 9. final rulings on legal efficacy of transactions. (Para 37 , 38) |
JUDGMENT
Plaintiffs in a suit for declaration of title, recovery of possession and permanent injunction challenges the concurrent findings rendered against them on the ground that the findings are perverse.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The 1st plaintiff, who is the deity of Pazhanchannur Devaswom Subramaniya Temple and the 2nd plainti Chairman of the Board of Trustees managing the affairs of the 1st plaintiff filed a suit (O.S.No.304/2007) claiming recovery of possession in respect of 301/ cents of prope
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