BALAN Vs. SRI ABIRAMESWARASWAMY TEMPLE

JUDGEMENT

(1.) THE plaintiffs in the suit are the appellants.

(2.) THE case in brief is as follows:

(3.) THE learned counsel for the appellants/ plaintiffs mainly contended that the lower appellate Court was not right in holding that the patta granted in the settlement proceedings in favour of the temple authorities is conclusive on the question of title. THE trial Court has correctly appreciated the evidence as well as the documents, whereas the lower appellate Court misdirected itself based upon the patta granted to the temple. It is settled position of law that mere granting of patta will not give title to the property. Moreover, patta issued by the revenue authorities may be an evidence of title, but that cannot be an evidence of possession. Except the patta, there is no other document in favour of the defendants. It is also settled position of law that even though the revenue authorities have granted patta in favour of a particular person, it is always open to a Civil Court to go into the question again and find out as to who is entitled to claim declaration relating to the suit property.