Madras High Court
M.Arunambigai vs Idol Sri Kalyanapasupatheeswarar on 28 August, 2025
S.A.(MD) No.165 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2025
CORAM:
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
S.A.(MD) No.165 of 2025
and
CMP(MD)Nos.6310 & 11929 of 2025
M.Arunambigai
W/o.Mohan,
No.8, Srirama Nivas, Ii Floor,
KCP Layout, Anna Nagar,
Karur Taluk and District. ... Appellant/Appellant / Claimant/3rd Party
Vs.
1. Idol Sri Kalyanapasupatheeswarar,
Sri Kalayan Pasupatheeswaraswamy
Devasthanam, Karur,
Rep by its Executive Officer. ... 1st Respondent / 1st Respondent/
1st Respondent/Decree holder/ Plaintiff
2. Valarmathi
D/o.Late.Marappa Gounder,
Periyakothur, L.N.S. Post,
Karur Taluk and District. ... 2nd Respondent/ 2nd Respondent/
2nd Respondent/Judgment Debtor/ Defendant
PRAYER in SA: Second Appeal filed under Section 100 of Civil
Procedure Code, to set aside the Judgment and decree dated 18.03.2025
passed in A.S.No.24 of 2024 on the file of the Additional Sub Court,
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S.A.(MD) No.165 of 2025
Karur confirming the fair and decretal order dated 23.01.2024 passed in
E.A.No.12 of 2015 in E.P.No.113 of 2012 in O.S.No.444 of 2002 on the
file of the Principal District Munsif Court, Karur, by allowing this
Second Appeal and thus render justice.
PRAYER in CMP(MD)No.11929 of 2025:
To pass an order to receive and mark the additional document
mentioned in the petition and mark the same as Ex.P10 and Ex.P11 on
the side of this petitioner/appellant/claimant under Order 41 Rule 27
read with Rule 28 of CPC, 1908 and pass such or further orders as this
Honourable Court may deem fit and proper in the facts and
circumstances of the case and thus render justice.
PRAYER in CMP(MD)No.6310 of 2025:
To pass an order of interim stay of all further proceedings of
the Execution Petition in E.P.No.113 of 2012 on the file of the Principal
District Munsif Court, Karur, pending disposal of the main Second
Appeal and thus render justice.
For Appellant : Mr.J.Bharathan, Advocate
for Mr.P.Samuel Gunasingh
For Respondents : Mr.VR.Shanmuganathan, Advocate
for Mr.P.Athimoolapandian,
Advocate for R1
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S.A.(MD) No.165 of 2025
JUDGMENT
Heard.
2. This Second Appeal is filed under Section 100 of the Code
of Civil Procedure, 1908, challenging the Judgment and Decree dated
18.03.2025 passed in A.S.No.24 of 2024 on the file of the Additional
Sub Court, Karur confirming the fair and decretal order dated
23.01.2024 passed in E.A.No.12/2015 in E.P.No.113/2012 in O.S.No.
444/2002 by the learned Principal District Munsif Court, Karur.
3. The appellant, claiming to have purchased the suit property
under a sale deed dated 23.05.2002, resisted delivery in execution
proceedings initiated by the respondent temple. Her claim was based on
a patta issued by the Settlement Tahsildar on 17.10.1967 in favour of
Marappa Gounder and Palaniyappa Gounder.
4. The trial court dismissed her obstruction petition, holding
that the property is Devadayam Inam belonging to the respondent
temple as evidenced by the Inam Fair Register and Resettlement
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Register, and that the Settlement Tahsildar’s order under Section 8(1) of
the Tamil Nadu Minor Inams (Abolition) Act, 1963 was invalid.
5. The appellate court confirmed the dismissal, holding that
even assuming the patta was valid, the appellant had failed to prove
continuity of title from the patta-holders to her vendors, and further that
retrospective ratification granted by the Commissioner of H.R. & C.E.
validated the filing of the suit by the Executive Officer.
6. The Inam Fair Register (IFR), prepared during the Inam
Commission enquiries of the 19th century, categorically records the suit
property as Devadayam Inam granted for the performance of services in
Pasupathiswaraswamy Temple. The Hon’ble Supreme Court has held
that entries in the IFR are “great acts of the State” and constitute
unimpeachable evidence of the nature of the grant [Subramania
Gurukkal (dead) through Muthusubramania Gurukkal & Others v.
Shri Patteswaraswami Devasthanam Perur, by its Executive Officer
& Others1996 (1) LW 166].
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7. The trial court, relying on the Inam Fair Register and
Resettlement Register, held that the suit property was Devadayam Inam
belonging to the respondent temple and that the Settlement Tahsildar
had no jurisdiction to issue patta under Section 8(1) of the Tamil Nadu
Minor Inams (Abolition) Act, 1963. It therefore concluded that the patta
dated 17.10.1967 in favour of Marappa and Palaniyappa Gounder was
invalid in law, since for religious institutions only Section 8(2) applies.
The appellate court, while not disturbing this conclusion, further
observed that even assuming the patta to be valid, the appellant had in
any event failed to establish a lawful chain of title from the pattadars to
her vendors. Thus, both courts below, though resting on different
strands of reasoning, have rightly rejected the appellant’s claim, and
their findings are in accordance with law and supported by evidence.
8. The contention regarding retrospective ratification by the
Commissioner validating the suit by the Executive Officer has also
been rightly upheld by the courts below in light of binding precedents.
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9. In the considered view of this Court, no substantial
question of law arises for determination. The concurrent findings of the
courts below are legally correct and do not suffer from perversity.
10. Accordingly, this Second Appeal is dismissed at the
admission stage itself. No costs. Consequently, connected
Miscellaneous Petitions are closed.
Speaking : Yes / No 28.08.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
LS
Copy to:
1.The Additional Sub Court,
Karur.
2.The Principal District Munsif Court,
Karur
3.The Section Officer
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 04:40:02 pm )
DR.A.D.MARIA CLETE, J.
LS
28.08.2025
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