BALKIS NATCIAR Vs. ARULMIGU ADHEESWARAR THIRUKOIL

JUDGEMENT

(1.) The appeal suit is filed, challenging the judgment and decree dated 31.10.2007 passed in O.S.No.10 of 2004.

(2.) The brevity of the plaint is as under:

(3.) The gist of the written statements is as follows: The 1st defendant submits that the suit properties belongs to Arulmigu Adheepureeswarar Temple, Keezhakasakudy. The suit properties and other properties situate in Keezakasakudy are described in 'Kalvettu' (Epigraph) still embedded in the wall of Sri Adheepureeswarar Temple. It is an ancient document of the yea 1174 Ad. The said Epigraph is not changed. It is permanent and it is the foremost document. Such epigraph is considered as one of the authenticated document and up held by the Hon'ble High Court and Supreme Court. As per the epigraph embedded in the temple wall, 1-? velies i.e 35 mahs situated around the temple and the temple premises. In the year 1227 AD, the III Raja Raja Cholan gave the property in favour of Sri Adheepureeswarar Temple as a gift without any tax. Therefore, there is no tax collected by the Revenue Wing of Raja Raja Chola and subseqently by the French Regime. Therefore, no patta even during Raja Raja Chola, French and by the Government of Pondicherry was issued. Chola King II Rajadhi Raja Chola in 11 th year of his regime in the year 1174 AD measured the temple property and earmarked as "Kirama Sasanam"?. The extent and boundaries are given in epigraph. Madavilagam around the temple viz., Thirugnanasambadar Vilagam, Thirukuriuppu Thondar vilagam, Aalalalsundar Vilagam, Thirukulam and Nandavanams are situate on four veethis. Other than 35 mahs, the above said items are separate. The above said items are demarcated, confirmed and settled. In addition to the above said concrete document i.e Epigraph, there is a book published in the name. 'Kalvettukalail Karaikal Paguthi' at page 102 and 103 Kasakudy is mentioned as Kayakudy i.e Keezhakasakudy as follows: "A portion of Keelakasakudy viz. Udayachandra Sadurvedi Mangalam. 4 Mahs of property situate at Vilakku Paguthi "Sannathi"? was donated by Santhana Narayana Pathar. The temple situate in the place called Serakuttanur and other items including "Nannikuli"? (B- schedule). Other places mentioned in page 102 and 103 comes to 10,000 kulies = 5 velies. "Kirama Poduvidai"? is equal to Sannathi Odai which is meant to Karumathi Thurai situate in Illuppaithoppu and also called Nannipallam. Hence, 'A' and 'B' schedule properties belongs to Sri Adeepureeswarar Temple. The plaintiffs have not produced any antecedent title deeds or the auction sale certificates and other documents to show that the suit properties belong to them. They have produced only a partition deed which come into existence between two brothers, Mohamed Thaha Maricar and Mohammed Ali Maricar without any valid basis. Still in the patta, the name is Kirama Podhu Udamai Tharkala Nirvaki. It is confirmed in the order of the Settlement Officer, Directorate of Survey and Land Records, Government of Pondicherry. The police complaint given by the plaintiffs against the defendants 4 to 7 was numbered as STR 2339 of 2003 on the file of J.M.II of Karaikal u/s 447 and 506 (I) IPC r/w 34 IPC and on 15.4.2004, the J.M II acquitted all the accused holding that there is no iota of truth regarding the ownership of the suit properties by the plaintiffs. The defendants issued a reply notice on 29.7.03 to the suit notice dt.21.07.03. The plaintiffs valued the suit property at Rs.200/- per kuzhi where the market value is Rs.8,000/- to 10,000/- The plaintiffs have to affix necessary court fees. There is no cause of action for the suit. Hence, the suit is not maintainable and that the relief of declaration and permanent injunction cannot be granted. The suit in toto is infructuous and has to be dismissed.