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2025 Supreme(Online)(Mad) 8622
2026:MHC:175
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Judgment Date of Pronouncing the Judgment
19.11.2025 12.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
A.S.(MD)Nos.84, 85 and 103 of 2016, 156 & 157 of 2024
and
Cross Objection (MD)No.36 of 2024
&
C.M.P.(MD)Nos.5441, 5442, 6649, 7999, 8003 & 8004 of 2016 & 2643 of 2018
A.S.(MD)No.84 of 2016:-
1.Shifa Housing (P) Ltd.,
Through its Managing Director,
M.K.M. Mohamed Sherif,
No.82, Kailasapuram Middle Street,
Tirunelveli Junction.
2.M.K.M.Mohamed Sherif
3.M.Aysha Dowladh ... Appellants / Defendants 1 to 3
vs.
1.Sankaranarayana Swami, 11th day Aadi Thapasu Mandagapadi Utsavam Fund, Now known as Kuttlammal Religious and Charitable Trust, By its sole Trustee Sri.V.S.Velayutham, No.125, Thilagarpuram Main Road, Ambasamuthiram Taluk, Tirunelveli District. ... 1st Respondent / Plaintiff
2.Arulmigu Gomathiambal Sametha Sri Sankara Narayana Swami Deity, Through its Executive Officer, Arulmigu Sankaranarayana Swami Devasthanam, Sankarankoil ... 2nd Respondent /
4th Defendant
3.Khader Mohamed Hussain
4.C.Krishnan
5.Lakshmi Krishnan
6.V.Sankaravadivelu Doss 7.T.L.S.Sreeramakrishnan
8.I.Susila Jayarani
9.T.Thiraviam
10.K.Ramamurthy
11.A.Arumugam
12.M.Yasin Monnan Mohamed
13.M.Abdul Kareen
14.Kader Mohideen Kader
15.A.Raja
16.V.Rajendran
17.A.Swarnalatha
18.Alphonsa
19.D.Mensil Fathima
20.R.Valli
21.S.Sundaresh Babu
22.Latha Mahendra Mani
23.J.Vijaya
24.Shilpa Juliet
25.S.Sudalaimuthu
26.P.Gomathi Lakshmi
27.P.Solomon
28.Pheras Hameed
29.B.Subasree 30.Ganapathy
31.Singaravelan Gopalakrishnan
32.R.Sankaran
33.S.Venkatachalam
34.V.Saratha
35.S.P.S.Subramanian
36.F.Arulanatham
37.P.Inbaselvi Sivaji
38.T.Sureka
39.A.Nowsath
40.George Xavier 41.Joseph Xavier
42.Mohammed Kaja Mohideen
43.T.P.S.H.Parthiban Ramsait
44.N.Padmanabhan
45.S.Shanmugasundaram
46.P.Ravikumar
47.S.Thirumalaikumar
48.M.Karthik
49.S.Rajeshkumar 50.M.Chellammal
51.N.Sankar Kumar
52.V.Kanthimathi 53.M.Tamil Selvi
54.S.Ravi 55.R.Valli
56.M.Lidwin Mary
57.M.Sivasamy
58.G.Kalyani
59.R.Subramanian
60.V.Annamalai
61.A.Kannan
62.K.Hariharan
63.S.Manikandan
64.R.Meenakshi
65.M.P.Shanmuganathan
66.G.Suresh
67.R.R.Muthulakshmi
68.P.Subramanian
69.P.Easwaramurthy
70.S.Murugan
71.A.Ahmed Rafi 72.K.Mahadevan
73.A.Jawahar Beevi
74.Gnansampathar Muthusattanathan
75.K.Ramanathan
76.Vasanthi Ramanathan
77.Asan Anisha
78.Jayapadmanabhan
79.S.Ibrahimmal
80.K.N.Ramani
81.P.Ramesh Kannan
82.Alima Anwar
83.Sethuraman Vinod
84.N.Rajesh Narayanan
85.Indra
86.S.Ayisha Latha
87.M.Thirumalaikumar
88.R.Mahadevan
89.J.Ramdevi
90.R.Sakthivel
91.S.Sivakumar 92.K.R.Ramani
93.Minor N.Irfana, D/o.Late. Naina Mohamed, Rep. through her Mother and Guardian, Sarabanu
94.D.Sundaravalli
95.S.Yadhava Krishnan
96.A.Hemayun Kabir
97.M.Kadar Meeran Mohideen
98.G.Manipushan
99.Fathima Banu Majahirin
100.Sareena Abdul Kader
101.L.Pushpa
102.S.Subramanian ... Respondents 3 to 102 /
Defendants 5 to 104 PRAYER : Appeal Suit filed under Section 96 and Order XLI Rule 1 of Civil Procedure Code against the common judgment and decree dated 28.04.2016 passed in O.S.No.117 of 2010, on the file of I Additional District Court, Tirunelveli.
For Appellants : Mr.G.Prabhu Rajadurai For R1 : Mr.V.Raghavachari Senior Counsel for Mr.P.Thiagarajan For R2 : Mr.M.P.Senthil For R4, R5, R7 to R17, R22 to R39, R42 to R44, R48, R50, R52, R54 to R59, R61, R62, R64, R66, R67, R69 to R73, R75 to R77, R79, R82 to R86, R91, R93 to R95, R97 and R102 : Mr.S.Sathish Rajan For R18, R19, R21, R40, R41, R45, R47, R49, R60, R63 and R68 : No Appearance A.S.(MD)No.85 of 2016:-
1.Shifa Housing (P) Ltd., Through its Managing Director, M.K.M. Mohamed Shafi, No.82, Kailasapuram Middle Street, Tirunelveli Junction.
2.M.K.M.Mohamed Shafi
3.M.Aysha Dowladh ... Appellants / Defendants 3 to 5 vs.
1.Arulmigu Sankara Narayana Swami Thirukoil, Sankarankoil, Through its Assistant Commissioner /
Executive Officer, ... 1st Respondent / Plaintiff
2.Arulmigu Sankaranarayana Swami Thirukoil, 11th day Aadi Thapasu Mandagapadi Utsavam Fund, Now known as Kuttlammal Religious and Charitable Trust, By its Trustee Sri.V.S.Velayutham, Ambasamuthiram. ... 2nd Respondent / 1st Defendant
3.V.S.Velayutham ... 3rd Respondent / 2nd Defendant
4.The Sub-Registrar, Melapalayam, Palayamkottai Taluk, Tirunelveli District. ... 4th Respondent / 6th Defendant PRAYER : Appeal Suit filed under Section 96 and Order XLI Rule 1 of Civil Procedure Code against the common judgment and decree dated 28.04.2016 passed in O.S.No.85 of 2011, on the file of I Additional District Court, Tirunelveli.
For Appellants : Mr.S.Parthasarathy Senior Counsel for Mr.K.R.Laxman For R1 : Mr.M.P.Senthil For R2 : Mr.V.Raghavachari Senior Counsel for Mr.P.Thiagarajan For R3 : Mr.S.Joseph Arockiyaraj For R4 : Mr.D.Gandhiraj Special Government Pleader A.S.(MD)No.103 of 2016:-
1.C.Krishnan
2.Lakshmi Krishnan
3.T.L.S.Sreeramakrishnan
4.I.Susila Jayarani
5.T.Thiraviam
6.K.Ramamurthy
7.A.Arumugam
8.M.Yasin Monnan Mohamed
9.M.Abdul Kareem
10.Kader Mohideen Kader
11.A.Raja
12.V.Rajendran
13.A.Swarnalatha
14.R.Valli
15.J.Vijaya
16.Shiba Juliet
17.S.Sudalaimuthu
18.P.Gomathi Lakshmi
19.P.Solomon
20.Pheras Hameed
21.B.Subasree
22.Ganapathy Muthukumar
23.R.Sankaran
24.S.Venkatachalam
25.V.Saradha
26.S.P.S.Subramanian
27.F.Arulanantham
28.P.Inbaselvi Sivaji
29.T.Sureka
30.A.Nowsath
31.T.P.S.H.Parthiban Ramsait
32.N.Padmanabhan
33.M.Karthik
34.M.Chellammal 35.V.Kanthimathi
36.M.Lidwin Mary
37.M.Sivasamy
38.G.Kalyani
39.R.Subramanian
40.K.Hariharan 41.R.Meenakshi
42.G.Suresh
43.R.Muthulakshmi 44.P.Easwaramurthy
45.S.Murugan
46.K.Mahadevan 47.K.Ramanathan
48.Vasanthi Ramanathan
49.S.Ibrahimmal
50.Alima Anwar
51.Sethuraman Vinod
52.N.Rajesh Narayanan
53.S.Ayisha Latha
54.S.Sivakumar
55.D.Sundaravalli
56.S.Yadhava Krishnan
57.M.Kadar Meeran Mohideen ... Appellants /
Defendants 6, 7, 9 to 19, 22, 25 to 33, 41, 45, 46, 50, 52, 54, 58, 59, 60, 61, 64, 66, 68, 69, 72, 74, 77, 78, 81, 84, 85, 86, 88, 93, 97 & 99 vs.
1.Sankaranarayana Swami, 11th day Aadi Thapasu Mandagapadi Utsavam Fund, Now known as Kuttlammal Religious and Charitable Trust, Having Office at Agasthiyar East Street, Ambasamudram, Tirunelveli District, By its sole Trustee V.S.Velayutham, S/o.A.V.R.M.V.Sankaranarayana Mudaliar, Residing at No.125, Thilagarpuram Main Road, Ambasamudram Taluk, Tirunelveli District. ... 1st Respondent / Plaintiff
2.Shifa Housing (P) Ltd., Through its Managing Director, M.K.M.Mohamed Shafi, No.82, Kailasapuram Middle Street, Tirunelveli Junction, Tirunelveli.
3.M.K.M.Mohamed Shafi
4.M.Aysha Dowladh
5.Arulmigu Gomathiambal Sametha Sri Sankara Narayana Swami Deity, Through its Executive Officer, Arulmigu Sankaranarayana Swami Devasthanam, Sankarankoil, Tirunelveli District.
6.Khader Mohamed Hussain
7.V.Sankaravadivelu Doss
8.Alphonsa
9.D.Mensil Fathima
10.S.Sundaresh Babu
11.Latha Mahendra Mani
12.Singaravelan Gopalakrishnan
13.George Xavier 14.Joseph Xavier
15.Mohamed Kaja Mohideen
16.S.Shanmugasundaram
17.P.Ravikumar
18.S.Thirumalaikumar
19.S.Rajeshkumar
20.N.Sankara Kumar
21.M.Tamil Selvi
22.S.Ravi 23.R.Valli
24.V.Annamalai
25.A.Kannan
26.S.Manikandan
27.M.P.Shanmuganathan
28.P.Subramanian
29.Ahmed Rafi
30.A.Jawahar Deen
31.Gnansampathar Muthusattanathan
32.Asan Anisha
33.Jayapadmanabhan
34.K.N.Ramani
35.P.Ramesh Kannan
36.Indira
37.M.Thirumalaikumar
38.R.Mahadevan
39.J.Ramdevi
40.R.Sakthivel 41.K.R.Ramani
42.Minor N.Irfana D/o. Late.Naina Mohamed, Rep. through her Mother and Guardian, Sarabanu
43.A.Hemayun Kabir
44.G.Manipushan
45.Fathima Banu Majahirin
46.Sareena Abdul Kader
47.L.Pushpa
48.S.Subramanian ... Respondents 2 to 48 /
Defendants 8, 20, 21, 23, 24, 33, 42 to 44, 47 to 49, 51, 53, 55 to 57, 62, 65, 67, 70, 73, 75, 76, 79, 80, 82, 83, 87, 89 to 92, 94, 98 and 100 to 104 PRAYER : Appeal Suit filed under Section 96 and Order XLI Rules 1 and 2 of Civil Procedure Code against the judgment and decree dated 28.04.2016 passed in O.S.No.117 of 2010, on the file of I Additional District Court, Tirunelveli.
For Appellants 1, 2, 6 to 11, 14, 22, 28, 30, 31, 34, 35, 38, 40, 42 & 45 : Mr.S.Parthasarathy Senior Counsel for Mr.M.Muralitharan For Appellants 3, 4, 20, 21, 23, 26, 32, 33, 36, 37, 39, 41, 43, 44, 46 & 50 to 57 : Mr.S.Parthasarathy Senior Counsel for Mr.A.Subramanian For Appellants 5, 12, 13, 15 to 17, 19, 24, 25, 27, 29 & 47 to 49 : Mr.S.Parthasarathy Senior Counsel for Mr.V.Akilan For R1, R5, R8, R10, R14, R16, R18, R19, R25 to R30, R33, R42 and R45 : No Appearance For R2 to R4 : Mr.S.Hajamohideen Gisthi A.S.(MD)No.156 of 2024:-
Arulmigu Sankaranarayanaswamy Thirukovil, Sankarankovil Town, Sankarankovil Taluk, Through its Present Deputy Commissioner /
Administrative Officer ... Appellant / Plaintiff vs.
1.Arulmigu Sankaranarayanaswamy Thirukovil, 11th day Adithabasu Mandagapadi Utsavam Fund, Now Kuttlammal Religious and Charitable Trust, Through its Trustee, V.S.Velayutham, S/o.A.V.R.M.V.Sankaranarayana Mudaliyar, Gomathi Mills, Door No.9, Agasthiyar East Street, Ambasamudram – 627 401, Tirunelveli District.
2.V.S.Velayudham
3.Shifa Housing (P) Ltd., Through its Managing Director, Janab M.K.M.Mohamed Shabi, No.82, Kailasapuram Middle Street, Tirunelveli Junction.
4.M.K.M.Mohammed Shabi
5.Ayesha Dowlath
6.The Sub-Registrar, Sub-Registrar Office, Melapalayam, Palayamkottai Taluk, Tirunelveli District. ... Respondents / Defendants PRAYER : Appeal Suit filed under Section 96 of Civil Procedure Code against the common judgment and decree dated 28.04.2016 passed in O.S.No.85 of 2011, on the file of I Additional District Court, Tirunelveli.
For Appellant : Mr.M.P.Senthil For R1 and R2 : Mr.V.Raghavachari Senior Counsel for Mr.S.Ramesh For R3 to R5 : Mr.G.Prabhu Rajadurai For R6 : Mr.D.Gandhiraj Special Government Pleader A.S.(MD)No.157 of 2024:-
Arulmigu Gomathiambal Sametha Sri Sankaranarayana Swami Deity, Through its Administrative Officer, Arulmigu Sankaranarayana Swami Devasthanam, Sankarankovil, Tirunelveli District. ... Appellant / 4th Defendant vs.
1.Sankaranarayanaswamy 11th day Adithabasu Mandagapadi Ursavam Fund, Now Kuthalammal Religious and Charitable Trust, Agasthiyar East Street, Ambasamudram, Tirunelveli District, Through its Sole Trustee, V.S.Velayudham, S/o.A.V.R.M.V.Sankaranarayana Mudaliyar, No.125, Thilagarpuram Main Road, Ambasamuthiram Taluk, Tirunelveli District. ... 1st Respondent / Plaintiff
2.M/s.Shifa Housing (P) Ltd., Through its Managing Director, M.K.M. Mohamed Shabi, No.82, Kailasapuram Middle Street, Tirunelveli Junction.
3.M.K.M.Mohamed Shabi
4.Ayesha Dowlath
5.Kader Mohammed Hussain
6.C.Krishnan
7.Lakshmi Krishnan
8.V.Sankaravadivelu Doss 9.T.L.S.Sri Ramarkrishnan
10.L.Suseela Jeyarani
11.T.Thiraviyam
12.K.Ramamoorthy
13.A.Arumugam
14.M.Yasin Monan Mohammed
15.M.Abdul Kareem
16.Kader Muhaideen Kader
17.A.Raja
18.V.Rajendran
19.A.Swarnalatha
20.Alphonsa
21.D.Mensil Fathima
22.R.Valli
23.S.Sundaresh Babu
24.Latha Moahendra Mani
25.J.Vijaya
26.Vasanthi Leela Bai
27.S.Sudalaimuthu
28.P.Gomathi Lakshmi
29.P.Solomon
30.Brass Hameed
31.P.Subashree
32.Ganapathi Muthukumar
33.Singaravelan Gopalakrishnan
34.R.Sankaran
35.S.Venkatachalam
36.M.Mohideen Abdul Kader
37.S.P.S.Subramanian
38.F.Arulanandam
39.P.Inba Selvi Sivaji
40.T.Sureka
41.A.Nowsath
42.George Xavier 43.Joseph Xavier R42 and R43 are rep. by their Power Agent J.Xavier George, S/o.Joseph Varghese
44.Mohammed Khaja Mohideen
45.T.P.S.H.Parthiban Ramsait
46.N.Padmanabhan
47.S.Shanmugasundaram
48.P.Ravikumar
49.S.Thirumalaikumar
50.M.Karthik
51.S.Rajeshkumar
52.M.Sellammal
53.N.Sanakra Kumar
54.V.Gandhimathi
55.M.Tamilselvi
56.S.Ravi 57.R.Valli
58.M.Lidwin Mary
59.M.Sivasami
60.G.Kalyani
61.R.Subramanian
62.V.Vanumamalai, V.Annamalai 63.A.Kannan
64.K.Hariharan
65.S.Manikandan
66.R.Meenakshi
67.M.P.Shanmuganathan
68.G.Suresh
69.R.Muthulakshmi
70.P.Subramanian
71.P.Eshwaramoorthy
72.S.Murugan
73.A.Ahamed Rafi
74.K.Mahadevan
75.A.Jawahar Deen
76.Gnanasambandar Muthu Sattanathan
77.K.Ramanathan
78.Vasanthi Ramanathan
79.Hasan Anisha
80.Jayapadmanabhan
81.S.Ibrahimmal
82.K.N.Ramani
83.P.Ramesh Kannan
84.Alima Anwar
85.Sethuraman Vinoth
86.N.Rajesh Narayanan
87.Indra
88.S.Ayesha Latha
89.M.Thirumalaikumar
90.R.Mahadevan
91.J.Ramdevi
92.R.Shakthivel 93.S.Sivakumar 94.K.R.Ramani
95.Minor N.Irfana D/o. Late. Naina Mohammed, Rep. through her mother / next friend, Sara Banu
96.D.Sundaravalli
97.S.Yadava Krishnan 98.A.Hemayun Kabeer
99.M.Kader Meeran Mohideen
100.G.Manibusan
101.Fathima Banu Muzagirin
102.Sareena Abdul Kadar
103.L.Pushpa
104.S.Subramanian ... Respondents 2 to 104 /
Defendants 1 to 3 & 5 to 104 PRAYER : Appeal Suit filed under Section 96 of Civil Procedure Code against the judgment and decree dated 28.04.2016 passed in O.S.No.117 of 2010, on the file of I Additional District Court, Tirunelveli.
For Appellant : Mr.M.P.Senthil For R1 : Mr.V.Raghavachari Senior Counsel for Mr.S.Ramesh For R2 to R4 : Mr.G.Prabhu Rajadurai For R10, R12, R15, R19, R20, R24, R25, R27, R29, R32, R37, R41, R44 to R47, R59, R63, R66 to R72, R80, R81, R85, R86, R93 & R97 to R99 : No Appearance Cross Objection (MD)No.36 of 2024:-
1.Arulmigu Sankaranarayanaswamy Thirukovil, 11th day Adithabasu Mandagapadi Ursavam Fund, Now, Kuthalammal Religious and Charitable Trust, Through its Trustee, V.S.Velayudham, S/o.A.V.R.M.V.Sankaranarayana Mudaliyar, Gomathi Mills, Door No.9, Agasthiyar East Street, Ambasamudram – 627 401, Tirunelveli District.
2.V.S.Velayudham ... Cross Objectors /
Respondents 1 and 2 /
Defendants 1 and 2 vs.
1.Arulmigu Sankaranarayanaswamy Thirukovil, Sankarankovil Town, Sankarankovil Taluk, Through its present Deputy Commissioner /
Executive Officer ... 1st Respondent / Appellant /
Plaintiff
2.M/s.Shifa Housing (P) Ltd., Through its Managing Director, Janab M.K.M. Mohamed Shabi, No.82, Kailasapuram Middle Street, Tirunelveli Junction.
3.M.K.M.Mohamed Shabi
4.Ayesha Dowlath
5.The Sub-Registrar, Sub-Registration Office, Melapalayam, Palayamkottai, Tirunelveli District. ... Respondents 2 to 5 /
Respondents 3 to 6 /
Defendants 3 to 6 PRAYER : Cross Objection filed under Order XLI Rule 22 Civil Procedure Code, to reverse and set aside the judgment and decree dated 28.04.2016 and dismiss the suit in O.S.No.85 of 2011, on the file of the I Additional District Court, Tirunelveli.
For Cross Objectors : Mr.V.Raghavachari Senior Counsel for Mr.S.Ramesh For R1 : Mr.M.P.Senthil For R2 to R4 : Mr.G.Prabhu Rajadurai For R5 : Mr.D.Gandhiraj Special Government Pleader
For the Appellants/Petitioners: Mr.G.Prabhu Rajadurai, Mr.S.Parthasarathy (Senior Counsel for Mr.K.R.Laxman, Mr.M.Muralitharan, Mr.A.Subramanian, Mr.V.Akilan), Mr.M.P.Senthil, Mr.V.Raghavachari (Senior Counsel for Mr.S.Ramesh)
For the Respondents: Mr.V.Raghavachari (Senior Counsel for Mr.P.Thiagarajan, Mr.S.Ramesh), Mr.M.P.Senthil, Mr.S.Sathish Rajan, Mr.S.Joseph Arockiyaraj, Mr.D.Gandhiraj (Special Government Pleader), Mr.S.Hajamohideen Gisthi
Properties acquired by a trust for performing a specific temple festival constitute a specific religious endowment under the TN HR&CE Act; subsequent alienations without Commissioner's sanction are void. Appellate court can under Order 41 Rule 33 CPC refuse demolition due to changed circumstances.
Headnote:(A) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Sections 6(19) and 34 - Specific Endowment - Alienation of immovable trust property - Null and void unless sanctioned by Commissioner - CPC, Order 41 Rule 33 - Power of Appellate Court to do complete justice.
(B) Whether properties purchased by a trust for conducting a specific temple festival (11th day Aadi Thapasu Mandagapadi) constitute a specific religious endowment - Trust deed and codicil retaining original object with additional charitable objects - Use of conjunction 'and' indicates obligation to perform both - Properties held to be specific religious endowment attached to the temple.
(C) Sale of undivided shares with specific boundaries - Whether valid without prior partition - Court found that subsequent partitions and conveyance gave identifiable boundaries - Trust established title over suit properties.
(D) Partition deed executed by third parties without the trust being a party - Held invalid and not binding on the trust - Trust's earlier purchase prevails. (E) Purchaser (developer) not a bona fide purchaser - Offer of settlement to trust indicates awareness of trust's title - Vendors had no title to convey - Developer did not have marketable title to form layout and sell plots. (F) Mandatory injunction for demolition - Changed circumstances: plots sold to over 100 purchasers, constructions completed - Grant of such injunction would be inexecutable - Court exercised power under Order 41 Rule 33 CPC to direct Sub-Registrar to record the status of properties as specific religious endowment, protecting against further alienations without sanction.
Facts of the case:
A trust created in 1975 for performing the 11th day Aadi Thapasu festival of a temple purchased five items of land in 1985-86. The trust was later renamed. A temple filed suit (OS 85/2011) seeking declaration that the lands were specific religious endowment. The trust filed suit (OS 117/2010) claiming absolute title and seeking recovery of possession and demolition. A developer (Shifa) purchased portions from third parties, formed a layout, and sold plots to over 100 purchasers who constructed houses. The trial court declared the properties as specific religious endowment but refused recovery of possession; it granted mandatory injunction for demolition. Appeals and cross-objection followed.
Findings of Court:
The trust deed and codicil show the primary object of performing the temple festival remained; properties purchased for that purpose became specific religious endowment. The trust had valid title; the partition deed of 2006 and subsequent sales to Shifa were invalid. Shifa was not a bona fide purchaser. However, due to the changed ground realities (numerous houses already built), a mandatory injunction for demolition would be impractical and inexecutable. Instead, the court directed the Sub-Registrar to make an endorsement that the lands are specific religious endowment and cannot be dealt with without sanction from the Commissioner under Section 34 of the Act.
Issues: (1) Whether the suit properties are specific religious endowment. (2) Whether the trust established title. (3) Whether the partition deed and sales to Shifa are valid. (4) Whether the purchasers are bona fide. (5) Whether mandatory injunction for demolition should be granted.
Ratio Decidendi: A property purchased by a trust for performing a specific religious service or festival in a temple becomes a specific religious endowment under Section 6(19) of the Act. Such property cannot be alienated without the Commissioner's sanction under Section 34; any alienation without sanction is null and void. An appellate court can exercise power under Order 41 Rule 33 CPC to mould relief to avoid inexecutable decrees and do complete justice, considering subsequent events and third-party interests.
Result: Appeals by Shifa and purchasers dismissed with costs. Appeals by temple partly allowed: lands declared specific religious endowment; mandatory injunction for demolition refused; Sub-Registrar directed to record the endowment status. Cross-objection by trust dismissed with costs. Connected miscellaneous petitions closed.
COMMON JUDGMENT
C.V.KARTHIKEYAN, J.
All these Appeal Suits and the Cross Objection arise from the common judgment dated 28.04.2016 in O.S.Nos.117 of 2010 and 85 of 2011 on the file of the I Additional District Court, Tirunelveli.
2. O.S.No.117 of 2010 was filed by Sankaranarayana Swami 11th Day Aadi Thapasu Mandagapadi Utsavam Fund, now known as Kuttammal Religious and Charitable Trust (hereinafter referred to as “the Trust”), against Shifa Housing (P) Ltd. (hereinafter referred to as “Shifa”), Arulmigu Gomathiambal Sametha Sri Sankaranarayana Swami Deity, represented by its Executive Officer (hereinafter referred to as “the Temple”), and 100 other defendants (hereinafter referred to as “the purchasers”), who had purchased plots in the layout promoted by Shifa, the first defendant, seeking a judgment and decree declaring that the plaint schedule properties belonged to the plaintiff Trust, for recovery of possession from the defendants; for mandatory injunction directing demolition of the superstructures in the plaint schedule properties; and for costs of the suit.
3. O.S.No.85 of 2011 was initially filed as O.S.No. 566 of 2007 on the file of the Principal District Munsif Court, Tirunelveli, by Arulmigu Sankaranarayana Swami Thirukovil, represented by its Deputy Commissioner / Executive Officer, against the plaintiff in O.S.No.117 of 2010 (the Trust), Shifa, and the Sub- Registrar, Melapalayam, Palayamkottai Taluk, Tirunelveli District, seeking a judgment and decree declaring that the suit schedule properties are specific religious endowment properties created in favour of the first defendant Trust, together with permanent injunction restraining the defendants from alienating or putting up any houses or constructions in the plaint schedule properties; permanent injunction restraining the sixth defendant / Sub-Registrar from registering any sale deed or other documents relating to the plaint schedule properties; mandatory injunction directing the defendants to demolish the houses and constructions put up in the plaint schedule properties; and for costs of the suit.
4. The plaint schedule properties in both suits are common. The Trust claims to be the absolute owner of the properties, and seeks recovery of possession from the purchasers, and also seeks a mandatory injunction directing demolition of the superstructures constructed on the said properties.
5. In O.S.No.85 of 2011, the Temple sought a declaration that the properties are specific religious endowment properties created by the Trust and sought permanent injunction restraining any further alienation or encumbrance, as well as an injunction against the Sub-Registrar from registering any document relating to the suit properties. A mandatory injunction was also sought for demolition of the houses and constructions put up in the suit schedule properties.
6. By common judgment dated 28.04.2016, the Trial Court declared that the suit schedule properties are specific religious endowment properties created by the Trust and, consequently, granted permanent injunction restraining any further alienation or encumbrance over the suit schedule properties. The Trial Court also granted mandatory injunction directing demolition within a period of six months of all constructions put up in the suit schedule properties. However, the Trial Court refused to grant the relief sought by the Temple for delivery of possession of the properties. The relief sought against the Sub-Registrar was also dismissed.
7. Challenging the said judgment and decree, Shifa filed A.S.(MD) Nos.84 and 85 of 2016; the purchasers filed A.S.(MD)No.103 of 2016 against the judgment in O.S.No.117 of 2010; and the Temple filed A.S.(MD)Nos.156 and 157 of 2024 against the judgment in both the suits. The Trust filed Cross Objection (MD)No.36 of 2024 seeking to reverse and set aside the judgment and decree dated 28.04.2016 passed in O.S.No.85 of 2011.
8. Shifa and the purchasers are aggrieved by the direction to vacate and hand over va
