Suit instituted to declare of Title and Recovery of Possession - Held, Civil Court competent to decide independent Title of parties de hors Orders passed in Settlement proceedings under Inam Act - Rejection of Plaint shall be decided by referring Plaint averments and documents

Citation 

2024 (2) СТС 336

IN THE HIGH COURT OF MADRAS

S. Sounthar, J.

S.A. No.398 of 2017

[2023 MHC 5453]

20.12.2023

K. Kamala and others.       .....Appellants

Vs.

Executive Officer, Arulmighu Nandeeswaraswamy Devasthanam,

Adambakkam, Chennai-600 088 and others.                        .....Respondents

Code of Civil Procedure, 1908 (5 of 1908), Order 7, Rule 11 - Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (T.N. Act 30 of 1963) - Inam Lands Service Inam - Suit instituted to declare of Title and Recovery of Possession - Plaintiff asserted Title to property by claiming right of Personal Grant Settlement Officer granted Patta in

favour of Defendant - Finality to decision of Settlement Authorities.

Defendant filed Application to reject Plaint Exclusion of Civil Court jurisdiction - Held, Civil Court competent to decide independent Title of parties de hors Orders passed in Settlement proceedings under Inam Act

Order of Trial Court deciding Application for rejection of Plaint by considering documents filed by Defendant was bad in law - Application for rejection of Plaint shall be decided by referring Plaint averments and documents - Suit instituted seeking declaration of Title and Recovery of Possession is not barred. Ratio laid down by Full Bench in Srinivasan case followed and applied.