HC decides ownership of temple property using Chola inscriptions: Judge deems patta and partition deed insufficient proof of ownership by Sekar Reporter · February 27, 2020 [2/27, 07:33] Sekarreporter 1: HC decides ownership of temple property using Chola inscriptions: https://www.thehindu.com/news/national/tamil-nadu/hc-decides-ownership-of-temple-property-using-chola-inscriptions/article30926698.ece [2/27, 07:33] Sekarreporter 1: Judge deems patta and partition deed insufficient proof of ownership The Madras High Court has come to the rescue of Adheepureeswarar temple at Keezhakasakudi village in Karaikkal taluk of Puducherry in claiming title over huge tracts of immovable properties situated around it. It relied solely upon epigraphs on the walls of the temple, dating back to 1174 and 1227 CE, to prove that the valuable lands had actually been donated to it by the then Chola kings. Justice S.M. Subramaniam dismissed an appeal suit filed by Balkis Natchiar and her family members who claimed title over the properties on the basis of a partition deed reportedly executed between their ancestors during the French rule of Puducherry in 1961 and a patta issued by the revenue officials in recent years. [2/27, 07:33] Sekarreporter 1: ‘Not sufficient’ The judge said, “Neither the partition deed nor the patta would be sufficient to prove title.” “The contention of the learned senior counsel appearing on behalf of the appellants that the Notaire in French government used to verify the title cannot be taken as a conclusive evidence so as to grant the relief of declaration of title. This court cannot come to the conclusion that the Notaire would have done title verification and only thereafter, signed the partition. Such a presumption is inadmissible in law,” the judge said. Burden of proof He also observed that the appellants could not claim title over the property by simply contending that the temple was also not in possession of any document to prove its title. “The plaintiff, who instituted the suit for declaration, is expected to prove his case at the first instance. Non production of the title documents by the temple would not be a ground for the appellant plaintiff to seek for the relief of declaration of title,” he noted. Nevertheless, pointing out that the inscriptions found on the temple walls had been documented by the Archaelogical Survey of India (ASI), the judge said: “When the inscriptions are very much available and such inscriptions are recorded in South Indian Inscriptions, Volume VII, maintained by Director General, ASI, and there is a clear version regarding the gifting of the property in favour of the temple by the Dynasty of Raja Raja Cholan. “Thus, this court has no hesitation in arriving a conclusion that the temple has established their title with reference to the suit schedule property and the appellants / plaintiffs have not placed any record to establish their title. There appears to be many encroachments of the temple lands. The Hindu Religious and Charitable Endowments Department is duty bound to prevent all such encroachments by following due procedures,” he said.
Mr. Kumar Rajarathnam, President, Speaks at the “High Court Buildings Centerary” function on 8th Augus 92. An outstanding legacy An Important historic event went unnoticed by the public of Madras – the centenary of the majestic High Court building. In fact the only institution which celebrated the occasion was the Madras Bar Association which Itself is 127 years old. (This was originally a Barristers’ Association and during the days of the British, the AdvocateGeneral used to be its President). On August 8, the present Chief Justice Mrs. Kanta Bhatnagar and other judges associated themselves with the celebrations organised by the Madras Bar Association. The Madras High Court was established in 1862 by the Royal Charter issued by Queen Victoria. It started functioning from a building in the First Line Beach. M. Ravindran Hony Secretary, Madras Bar Association, High Court, Madras Courtesy – The Hindu. 28.08.1992 60 . July 12, 2022 by Sekar Reporter · Published July 12, 2022
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