SUBRAMANIASWAMY TEMPLE Vs. V KANNA GOUNDER

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 26.3.1999 passed by the High Court of Judicature at Madras in Second Appeal Nos.752/87 and 800/94 whereby and whereunder the appeals preferred by the respondent herein from a judgment and order dated 13.04.1994, passed by the First Appellate Court in AS 16 of 1983, were allowed.

(2.) The basic fact of the matter is not in dispute. Appellant is a temple. It is of ancient origin. It was in possession of a vast tract of land. It runs a school as also a charitable hospital. It adopted the practice of feeding the poor people. It has also been performing various other activities in relation to the temple. The temple was in possession of a vast tract of land and in particular land in survey No.370/1 admeasuring 32 acres. Survey number 370 was classified into three different categories, namely, (1) Survey No. 370/1 (32 acres) classified as "Sri Subramanya Swamy Temple Poramboke"; (2) Survey No.370/2 (1 acre 44 centrs) as "High Ways Road"; and (3) Survey No.370/3 (68 cents) as "unassessed waste".

(3.) The classification of 32 acres of land of Survey No.370/1 was made as "Sri Subramanya Swamy Temple Poramboke". The said classification of temple 'Poramboke' in the revenue record of right indicates the reason for which it has been set apart as also its occupation and use. Temple Poramboke consists of unassessed waste land by the temple. It may also include common passage, water ponds, thrashing floor etc. etc.