SAVIRIMUTHU MOOPAN Vs. SATTAN CHINNAPPAN SAVARI

JUDGEMENT

(1.) The District Judge has decided the case on a finding that there is no evidence that the building was ever dedicated to religious uses. But this was not the case of either party and was not a matter on which any issue was raised.

(2.) We must set aside the decree of the District Judge and remand the appeal for disposal according to law.

(3.) It is open to the District Judge to settle fresh issues, if he finds it necessary to do so. Costs in the Court will abide the result.