RANGANATHANSWAMY DEVASTHANAM Vs. P SUBRAMANIAN

JUDGEMENT

(1.) This Second Appeal has been filed against the reversal decree.

(2.) The suit was filed by the plaintiff temple for declaration of title and also for recovery of possession with respect to 88 cents of Nanja lands in S.No.115/9, Vellikurichi Village, Manamadurai District.

(3.) The case of the plaintiff is that the property was an inam in favour of the temple and it is a service inam called Akshayamanyam. The minor inams (both warams) were granted to the plaintiff temple. The Settlement Tahsildar granted patta under Ex.A.1, after conducting enquiry in accordance with Inam Abolition Act. This Akshayamanyam was enjoyed by Srinivasa Rangachariar who was Archagar conducting Poojas in the temple. He contested the matter stating that he was entitled for patta. That contention was rejected and patta was granted in favour of the plaintiff under Ex.A.1. The appeal to Inam Abolition Tribunal in R.A.422/70 preferred by Srinivasa Rangachariar, was dismissed under Ex.A.2. Thereafter, he filed an appeal to the High Court in STA.No.78/76 and the High Court also confirmed the order of the Inam Abolition Tribunal by order dated 01.11.1978. In the mean while, Srinivasa Rangachariar leased out the property. But the Lessee denied the title of the temple and therefore the plaintiff temple filed a suit for declaration of title and recovery of possession. The trial Court decreed the suit as prayed for rejecting the claim made by the defendant for title by adverse possession over the property. Against that, the appeal was filed by the respondent/defendant, and the appellate Court allowed the appeal and dismissed the suit. Against that judgment, this second appeal has been filed.