SADIK BATCHA Vs. DHARMAPURAM ATHEENAM MUTT

JUDGEMENT

(1.) This Appeal Suit challenges judgment dtd. 8/7/2009 passed by the Additional District and Sessions Judge (Fast Track Court No.1), Thanjavur in O.S.No.104 of 2005. The Suit had been filed by the unsuccessful defendants in the Suit. A2/D2 had passed away pending Suit and is represented by the other appellants/defendants, who are already on record.

(2.) The prayer in the Suit was for declaration of title in respect of the land admeasuring 70 cents in Old R.S.No.201 Thiruvidaimarudhur Village and Taluk, Thanjavur District (suit property). The Dharmapuram Atheenam Mutt (in short 'Mutt')/plaintiff had sought title to the suit property on the ground of both the entries in the revenue records as well as the fact that the entire extent of the land was in its possession.

(3.) The land comprising suit property had been under lease to one A.P.Jalaludeen, who was paying a nominal rent for fasli as site rent. The said Jalaludeen passed away on 5/1/1999. Legal notice had been issued by the Mutt on 8/1/2023 calling for surrender of the suit property on the ground that there were substantial arrears of rent from Fasli 1399 onwards when A.P.Jalaludeen had been running the rice mill on the property.