High Court Kerala High Court

T.K.Balakrishnan Nair vs Nellikavu Devaswom Committee on 20 October, 2008

Kerala High Court
T.K.Balakrishnan Nair vs Nellikavu Devaswom Committee on 20 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 926 of 2008()


1. T.K.BALAKRISHNAN NAIR, AGED 67 YEARS,
                      ...  Petitioner

                        Vs



1. NELLIKAVU DEVASWOM COMMITTEE, NELLIKAVU
                       ...       Respondent

2. P.RAMACHANDRAN NAIR, AGED 77 YEARS,

3. T.K.RAJAGOPALAN, S/O.T.K.LAKSHMI,

4. T.K.RADHAKRISHNAN, S/O. DO,

5. T.K.RAMAKRISHNAN, S/O.T.K.VIJAYALAKSHMI,

6. T.K.JAYACHANDRAN, S/O.-DO-.

7. T.K.MADHAVAN KUTTY, S/O.T.K.AMMALUKUTTY

8. T.K.UNNIKRISHNAN, S/O.T.K.AMMALUKUTTY

                For Petitioner  :SMT.VIDHYA. A.C

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/10/2008

 O R D E R
                      V. RAMKUMAR, J.

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                   R.S.A. No. 926 of 2008

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                     Dated: 20-10-2008


                          JUDGMENT

The plaintiff in O.S. No. 243 of 2000 on the file of the

Munsiff’a , Kozhikode is the appellant in this Second

Appeal. The said suit as originally instituted, was one for

perpetual injunction against trespass. It was

subsequently amended seeking a further relief to the effect

that the purchase certificate obtained by the defendants as

in O.A. 796 of 1998 was null and void.

2. As per the judgments and decrees passed

concurrently by the courts below, the following factual

findings have been recorded:-

From Ext.B1 jenm assignment deed dated 2-9-1904 it

can be discerned that there is a complete dedication of the

properties in favour of the Nellikkavu Bhagavathy Temple.

The temple tank was constructed and has been used by the

temple for the last several decades . Besides, a vedippura

has also been in existence for several years and that was

also being possessed and used by the temple committee.

From 1969 onwards the Devaswom committee has been in

existence and the said committee has been in management

R.S.A. No. 926 of 2008 -:2:-

of the affairs in the said temple. It was the committee

which was paying the land revenue for the entire properties

including the plaint schedule property. The evidence does

not show that the plaintiff or any of the erstwhile thavazhi

members had ever been in possession of the property for

several years. Except the self serving assertion by the

plaintiff, no evidence of possession was adduced by the

plaintiff. No member of the plaintiff’s thavazhi was also

examined to substantiate the plea of possession.

3. Under the above circumstances, the courts below

held that the plaintiff could not claim exclusive possession

of the plaint schedule property so as to injunct the

defendants from managing the affairs of the temple and its

properties. The said findings are pure findings of fact. No

question of law, much less, any substantial question of law

arises for consideration in this Second Appeal which is

accordingly dismissed in limine.

Dated this the 21st day of October 2008.

V. RAMKUMAR,

(JUDGE)

ani.

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