Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 68895

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J
The Idols of Sri Jambukeswarar and Akilandeswari of the Temple of Jambukeswarar and Akilandeswari, Thiruvanaikoil, Trichy Tk. by its Executive Officer, Devasthanam Compound, Thiruvanaikoil, Trichy Taluk. – Appellant
Versus
V.Subbaiyan, S/o Veeramuthu Muthirayar – Respondent
S.A.Nos.924 of 1998, 968 to 972 of 1997, 611 of 2002 & S.A.(MD).388 of 2017

Advocates:
For the Appellants/Petitioners: Mr.T.Antony Arulraj
For the Respondents: No appearance

The statutory determination of title under the Tamil Nadu Minor Inams Act is conclusive, excluding civil court jurisdiction to reassess ownership matters, thereby affirming tenants’ claims cannot undermine established landlord rights.

Headnote:(A) Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 - Section 8 and 11 - Jurisdiction of Civil Court - The appellant Temple sought recovery of possession of Iruvaram Inam lands based on Inam Title Deed No.722 and Ryotwari patta granted after statutory enquiry. The civil courts cannot re-examine title once determined by statute. (Paras 43.3, 43.4 and 47.1)

(B) Adverse Possession - Tenant's Rights - The defendants' possession is considered permissive as per the 1903 compromise, denying their claims of adverse possession against the Temple, which has established title. (Paras 43.5 and 46.2)

(C) Judicial Precedent - Supreme Court rulings establish that the grant of patta under the Abolition Act is conclusive regarding title and excludes civil court jurisdiction. (Paras 47.2 and 48.1)

Facts of the case:
The Temple, as the owner of the suit property confirmed by grants under the Inam Abolition Act, initiated multiple suits due to the defendants' illegal possession after failing to pay rent as per established tenancy agreements.

Findings of Court:
The courts below incorrectly held that the absence of a declaratory relief rendered the Temple's claims unsustainable, and that tenants (defendants) could claim ownership against the established rights of the Temple.

Issues: The key issues revolve around the title determination by statutory authorities, the bar to civil courts on title claims, and the permissive nature of the defendants' possession.

Ratio Decidendi: The court emphasized that under established legal principles, confirmed statutory titles in favor of the Temple cannot be contested in a civil court, and tenants cannot deny the title of their landlord while in possession.

Result: The Second Appeals are allowed, and the common judgments of the courts below are set aside. The Temple is entitled to recover possession.

Table of Content
1. plaintiff asserts rights under inam title deed. (Para 2 , 3)
2. defendants claim possession and historical tenancy. (Para 4 , 6)
3. defendants contest authority and court's jurisdiction. (Para 5 , 7 , 8 , 10)
4. plaintiff seeks possession and damages for wrongful retention. (Para 9 , 12)
5. court's analysis of the statutory framework regarding title. (Para 22 , 23 , 25 , 26)
6. declared authority under inam abolition finalizes property rights. (Para 37 , 38)
7. estoppel principles prevent claims against recognized ownership. (Para 41 , 43)
8. previous agreements clarify possession rights in favor of the temple. (Para 44 , 45)
9. final judgment based on statutory adherence and historical context. (Para 46 , 47 , 48)
10. court allows recovery of possession for the temple. (Para 49)

COMMON JUDGMENT

The respective Second Appeals are filed as against the respective First Appeals and respective Original Suits, as detailed below :

(i) S.A.No.924 of 1998 is filed against the judgment and decree in A.S.No. 335 of 1991, dated 30.10.1992 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.120 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(ii) S.A.No.968 of 1997 is filed against the judgment and decree dated 30.10.1992 in A.S.No.338 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.123 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(iii) S.A.No.969 of 1997 is filed against the judgment and decree dated 30.10.1992 in A.S.No.331 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.116 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(iv) S.A.No.970 of 1997 is filed against the judgment and decree dated 30.10.1992 in A.S.No.343 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.179 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(v) S.A.No.971 of 1997 is filed against the judgment and decree dated 30.10.1992 in A.S.No.330 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.115 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(vi) S.A.No.972 of 1997 is filed against the judgment and decree dated 30.10.1992 in A.S.No.336 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.121 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(vii) S.A.No.611 of 2002 is filed against the judgment and decree dated 30.10.1992 in A.S.No.329 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.114 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

(viii) S.A.(MD).No.388 of 2017 is filed against the judgment and decree dated 30.10.1992 in A.S.No.337 of 1991 on the file of the Principal District Court, Tiruchirapalli, confirming the judgment and decree in O.S.No.122 of 1979, dated 30.04.1991 on the file of the Principal District Munsif Court, Tiruchirapalli.

2. The case of the plaintiff (Temple) in O.S.No.120 of 1979 is as follows:

The suit property forms part of an Iruvaram Inam, for which the Inam rights were issued under Inam Title Deed No. 722. The plaintiff asserts that both the Melvaram right and the Kudivaram right in the property vest with the plaintiff. Under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, the Settlement Tahsildar is required to hold an enquiry prior to the grant of a Ryotwari Patta. In compliance with the said requirement, the Tahsildar conducted an enquiry under Section 11, examin

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