Vs
Case brief
What is this about?
In a second appeal regarding a suit for recovery of possession of property assigned to a deity/trust, the High Court held the plaintiff (a cognate) ousted by the defendant (an agnate) as the heir under the Hindu Succession Act, dismissing the appeal despite previous orders allowing it on limitation grounds.
What did the court decide?
Second Appeal dismissed; judgment of First Appellate Court and Trial Court decree confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.11.2016
PRONOUNCED ON : 23.11.2016
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.1078 of 1989
Thirunavukkarasu ...Appellant/Plaintiff Vs Rajavel ... Respondent/Defendant
Prayer:Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 22.12.1986 in A.S.No.90 of 1986 on the file of the Subordinate Court, Cuddalore confirming the judgment and decree in O.S.No.1895/82 dated 19.09.1985 on the file of the District Munsif, Cuddalore.
For Appellant : Mr.S.Parthasarathy, Senior Counsel for Mr.T.R.Rajaraman For Respondent : No Appearance JUDGMENT
The long journey of this litigation instituted in the year 1982 by the plaintiff as indigent is capsulised and narrated below:-
2.The suit properties belong to one Narayanasami Mudaliar. He died leaving his wife, son and two daughters. Kadirvelu Mudaliar, who is the son of Narayanasami Mudaliar later, died issueless leaving behind his wife Thailammal. On 9.12.1949, a partition was effected between Manikammal w/o deceased Narayanasami and her daughter-in-law Thailammal w/o Kadirvelu. As per the terms of the partition deed, marked as Ex A-1 , the Plaint 'A' schedule properties were taken by Manikammal and 'B' schedule properties were taken by Thailammal and 'C' schedule properties were earmarked to a charity for conducting “Naalvar Poojai” at Kurnchipadikuppam Shri Kumbaeswarar Temple and the same was entrusted to one Adhanamozhi Mudaliar who was none other than the brother's son of Late.Naryananasami Mudaliar. Adhanamozhi Mudaliar was also, at that time, the Dharmakartha of
Issues for consideration
3 issues framed by the court
Whether the suit for recovery of possession of trust property without a declaration of trusteeship was maintainable?
Whether the defendant, as an agnate, is entitled to succeed over the plaintiff, as a cognate, to the property of the deceased trustee under the Hindu Succession Act?
Whether the hereditary trusteeship devolved upon the defendant by reason of de facto/constructive trusteeship exercised for a long period?
Parties & counsel
- appellant
Thirunavukkarasu
- respondent
Rajavel
Coram
G. Jayachandran
Case details
As recorded by the court registry
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