Allow Cookies!
By using our website, you agree to the use of cookies
In this case of S. Bhaskaran Versus Sebastian (Dead) By Lrs. & Ors, an appeal was filed by the appellant in the Supreme Court challenging the decision of the High Court of Judicature at Madras dated 10.12.2007 in Civil Revision Petition No. 1007 of 2007, setting aside the order of the City Civil Court, Chennai dated 31.01.2007. In this case the suit temple properties were originally administered by three brothers– Sadhasivamurthy, Balasundaram, and Sundararajan (‘original owners’). Vide settlement deed dated 19.09.1947, these original owners endowed the property to the temple. The deed also included a provision that the eldest son of the deceased trustee would become his successor From 1987-88, three suits relating to the temple properties were filed. Among these, O.S. No. 8664/1988 is relevant to the instant appeal.
This suit was filed on behalf of the temple by one K.S. Jaganathan and S. Bhaskaran (Appellant herein) in their capacity as trustees, seeking permanent injunction against Gnanambal and her husband, who were tenants in the suit properties at that time. One Umapathymurthy (represented by Respondents 8-14 herein) was impleaded in this suit as a defendant. In his written statement, he claimed that he was the eldest son of Sadhasivamurthy and that he had been dispossessed from the trusteeship of the temple by his younger brother, K.S. Sabapathy. By a common judgment dated 09.09.1991, the Trial Court disposed of all the three suits. When a revision petition was filed against the above order, the High Court allowed E.A. No. 5750/2003 vide the impugned judgment. Relying on sale deeds dated 11.08.1948 and 22.06.1950 showing Umapathymurthy as the eldest son and K.S. Sabapathy as the second minor son of Sadhasivamurthy, the High Court concluded that Umapathymurthy qualified as the trustee of the temple in view of the settlement deed dated 19.09.1947.
Thus, K.S. Sabapathy could not have become the trustee of the temple. In view of this finding, the High Court went on to observe that the decree passed in the original suit was a nullity and could not be enforced. Subsequently the case reached the Supreme Court, the court after hearing the matter held “ By allowing them to re-open the question of trusteeship by way of an application in an execution petition, the High Court has gone beyond the decree to be executed and exceeded its revisional jurisdiction under Section 115 of the CPC. Since the findings of the Trial Court had attained finality, the decision of the executing court dated 31.01.2007 by which E.A. No. 5750/2003 was dismissed, should have been affirmed. Thus, the impugned judgment is not only illegal, but also without jurisdiction. For the aforementioned reasons, we set aside the impugned order dated 10.12.2007 in Civil Revision Petition No. 1007 of 2007 passed by the High Court. The order of the City Civil Court, Chennai dated 31.01.2007 in E.A. No. 5750/2003 is restored. The appeal is allowed accordingly.”
86540
103860
630
114
59824