SUMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Second Appeal is directed at the instance of the plaintiffs in the Original Suit. Challenge is to the Judgment and Decree dated September 6, 2019 passed in A.S.No.24 of 2018 by the 'Principal District Court, Namakkal' [henceforth 'First Appellate Court'], wherein and whereby the Judgment and Decree dated September 2, 2016 passed in O.S.No.211 of 2009 by the 'Subordinate Court, Namakkal' [henceforth 'Trial Court'] was reversed.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The Suit Properties, measuring an extent of 8.24 Acres located in Thirumalaigiri Village, belong to the plaintiffs. Originally, a portion thereof, measuring an extent of 1.90 Acres, referred to by the locals as 'Naikkan Kulathulvai Puravai Nanjai', [ehaf;fd; Fsj;Js;tha; g[utha; eO;ir] was purchased by one Nanjundaiyyar, son of Ramayyar on November 21, 1895, under a registered Sale Deed, for the purpose of conducting poojas regularly to Idol of Lord Vinayaga installed by him in the Easwaran Temple in Samayasangili Village, Tiruchengode Taluk. Nanjundaiyyar later executed a registered Will dated April 2, 1905 and bequeathed the said 1.90 Acres to his adopted son - Sankararamaiyar on a specific condition that the income derived therefrom shall be utilized for conducting poojas to Idol Vinayaga consecrated in the aforesaid Temple. Upon Nanjundaiyyar's death, Sankararamaiyar managed the said 1.90 Acres and carried out the obligations out of the income therefrom. Subsequently, vide Trust Deed dated March 25, 1960, Sankararamaiyar dedicated the remaining portion of the Suit Properties, in addition to the said extent of 1.90 Acre, to Idol Vinayaga, and appointed his three sons as Trustees to manage and maintain the Suit Properties as well as to carry out poojas to Idol Vinayaga. Due to insufficient income from the Suit Properties, the plaintiffs requested the 'Hindu Religious and Charitable Endowments Department' ['HR and CE Department' for short] to take over the management of the Suit Properties, however, no response was received. After the demise of Sankararamaiyar, his grandchildren formed a new Trust on July 9, 1998 and appointed an agent to sell the Suit Properties. Despite obtaining permission of Court to sell the Suit Properties in Trust O.P.No.46 of 2004 on the file of Principal District Court, Namakkal, the Sub-Registrar refused registration of the Sale Deed, claiming that the Suit Properties belonged to the Temple. Actually, the Suit Properties are not Temple Lands but they were purchased by Nanjundaiyyar in his name. The defendants 5 and 6 have no right in the Suit Properties. Hence, the Suit for declaration of title, mandatory injunction directing the Defendant Nos.1 to 4 to rectify the Patta relating to the Suit Properties by deleting the Idol's name and to register the Sale Deed presented by the plaintiffs on November 20, 2007 in respect of the Suit Properties and other reliefs.