T E VARADHARAJAN Vs. A SIRAJUDDIN

JUDGEMENT

(1.) THIS appeal has been directed against the decree and Judgment in O.S.No.54 of 1997 on the file of the Subordinate Judge, Panruti, South Arcot District.

(2.) THE plaintiff has filed a suit for Specific Performance of Contract on the basis of an agreement of sale entered into between the plaintiff and the defendant dated 17.5.1993 which was renewed by another agreement of sale dated 12.8.1993 in respect of the plaint schedule property a building in T.S.No.1752 Block No.45, Ward No.5 of Thirupapuli Village.

(3.) IN the additional written statement, the defendant would submit that site in which the superstructure which is the subject matter in the agreement of sale belongs to Sri Pataleeswarar Temple, Cuddalore. The defendant is a tenant of the temple in respect of the site and the building alone belongs to the defendant. The tenancy has not yet been transferred in the name of the plaintiff who is in occupation of the property under a Varthamanam agreement. The temple has not yet recognized the plaintiff as its tenant. The temple comes within the purview of Hindu Religious Charitable Endowment Act(hereinafter referred to as"HR & CE Act). Unless the plaintiff's possession is proved and the department grants permission, the plaintiff cannot execute the said sale deed. The said transaction is prohibited by law and is in any event against public policy. Without the permission of the Hindu Religious Charitable Endowment Board, the transaction between the plaintiff and the defendant cannot be enforced through the Court. IN this case, the time was essence of contract even after the subject matter of the suit is construed as immovable property. The suit is barred by time and the right of the plaintiff under the document stands extinguished.