ARULMIGU SUBRAMANIASWAMY KOIL, KURUMBUR Vs. V. KARUPPIAH

JUDGEMENT

(1.) This second appeal has been filed as against the reversal finding of the First Appellate Court allowing the appeal filed by the defendants thereby, dismissing the suit filed for recovery of possession.

(2.) For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

(3.) The brief facts, leading to the filing of this Second Appeal, are as follows:- The suit property an extent of 18.5 acres in survey No.104 in Kurumbur Village, Aranthangi Taluk, Thanjavur District was dealt under the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1948, Tamil Nadu Act 26 of 1948 (for the sake of brevity hereinafter referred to as Act 26 of 1948). In the said land there is a temple, namely Arulmigu Subramaniaswamy Temple. During settlement proceedings, the suit property was shown as temple Poromboke land. The plaintiff's predecessor were managing the temple situated in the said land. Though the entire survey number in the Kurumbur Village was taken over by the Government under the Act 26 of 1948, temple situated in survey No.104 has not been affected by the said Act. The predecessor of the plaintiff, who was managing the temple, without any reasons whatsoever, sold an extent of 1.5 acres of the suit property to the third defendant. The vendor of the third defendant never had title to the property. Therefore, the said sale deed dated 02.05.1955 is not valid in the eye of law. Based on the said invalid sale deed, in the year 1993, the third defendant has put up a illegal construction in the suit property. The plaintiff is a hereditary trustee and he is managing the temple and its properties. Hence, he filed the suit for recovery of possession.