IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 02.11.2023 PRONOUNCED ON : 21.12.2023 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.A.No.310 of 2017 Kadambadi Inoothy Vagai Kongu Chettiar Dharma Paribalana Sabai, Represented by its President S.N.Swaminathan, Avinashi, Tiruppur.

(Cause title has been amended vide order of Court dated 28.04.2022 made in CMP.No.8037 of 2022 in S.A.No.310 of 2017 (SSSRJ)

...Appellant Vs.

1.The District Collector, Tiruppur.

2.The Revenue Authority and Additional Collector of Tiruppur, Tiruppur.

3.The Revenue Divisional Officer, Tiruppur.

4.The Tahsildar, Avinashi.

5.Sri Avinashilingeshwarar Temple Represented by its Executive Officer, Avinashi.

...Respondents Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, praying to set aside the judgment and decree of the Court of the Subordinate Judge, Avinashi, dated 11.01.2017 in A.S.No.1 of 2015 confirming the judgment and decree of the Court of the District Munsif, Avinashi, dated

27.04.2009 in O.S.No.311 of 2005.

For Appellant : Mr.Isaac Mohanlal for M/s.P.Godson Swaminathan For Respondents : Mrs.Hema Sampath Senior Counsel for M/s.R.Meenal for R5 Mr.C.Sathish Government Advocate for R1 to R4 J U D G M E N T The plaintiff in the suit is the appellant. The suit is for declaration of title and mandatory injunction seeking direction to the respondents to issue patta in the name of the appellant/plaintiff. The suit as well as First Appeal filed by the appellant herein have been dismissed.

Hence the appellant is before this Court.

2. According to the appellant/plaintiff, suit property originally belonged to Chinnan Chettiar and family. In the year 1901, there was a registered partition between son of Chinnan Chettiar viz., Karuppan Chettiar and his two sons Viswanathan Chettiar and Venkatachalam Chettiar. In the said partition, the suit property in S.F.No.93 was allotted to Viswanathan Chettiar under ''B'' schedule to partition deed. As per the recitals in the document an obligation was imposed on Viswanathan Chettiar to perform certain religious duties out of the income from the property. The said Viswanathan Chettiar in the year 1904 executed a release deed in favour of appellant/plaintiff in respect of suit property. The patta for the suit property was in the name of Viswanathan Chettiar and he addressed a letter to Tahsildar, Avinashi on 05.06.1928 requesting him to transfer patta in the name of appellant/plaintiff. Thus the revenue records namely patta had been in the name of appellant from 1928 to 1987. In the year 1987, Tahsildar of Avinashi issued patta for the suit property in the name of appellant Sabai represented by its President Venkatachala Chettiar. Thus the suit property had been in possession and enjoyment of the appellant for more than 100 years. Since the suit property could not fetch desired income, the appellant decided to construct a Kalyana Mandapam to generate income so as to look after the obligations imposed by 1901 document. In the year 1988 clandestinely the patta of the suit property was transferred in favour of 5^th respondent temple. The appellant represented to the 4^th respondent to make necessary correction in the revenue records namely patta seeking removal of 5^th respondent's name and for the inclusion of appellant name. The 4^th respondent gave a finding in favour of appellant. Aggrieved by the same, the 5^th respondent preferred an appeal before Revenue Divisional Officer, Tiruppur. The order passed by the 4^th respondent was confirmed by Revenue Divisional Officer, the third respondent. Aggrieved by the same, the 5^th respondent preferred a revision before the second respondent and the second respondent without proper appreciation of records set aside the orders of respondents 3 and 4. Aggrieved by the same, the appellant filed a Writ Petition before this Court and the same was dismissed. Hence, the appellant preferred a Writ Appeal and the same was disposed of by observing that the appellant was entitled