Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 O. 23 R. 23 Land of religious institution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - O.23 r. 3A - Land of religious institution - Complaint by devotee against employee of Dewaswom Board and others - Alleging encroachment on the land - Direction by Supreme Court to the Board to take possession of the land, with liberty to the encroachers to file suit for declaration of their title-In suit by encroachers settlement of exchange of land in question with another land claimed to be owned by the employee - On the strength of ex-parte order of Tehsildar declaring him as 'cultivating tenant', suit decreed in terms of compromise - Another land was throughout in possession of the temple having structures of idols - Writ petition challenging the compromise by a devotee, dismissed by High Court - On appeal, Held: Compromise decree is unsustainable - Though a compromise decree of a civil court which has attained finality cannot be interfered with - But challenge to such decree cannot be rejected when fraud/collusion on the part of statutory Board is made out - It is duty of the Court to protect the properties of religious and charitable institutions from wrongful claims or misappropriation - Trust and Charities.The land in question belonged to a temple under the management of respondent no.1-Devaswom Board. A third party filed a complaint alleging that respondent Nos.3 and 4 had encroached upon the said land and were in illegal possession of the same. High Court, in a summary proceeding held that the land in question was part of the property of the temple and directed the respondent-Board to take possession thereof. In appeal, this Court confirmed the order of High Court. However, it gave liberty to respondent Nos.3 and 4 to establish their title in a regular suit.Respondent Nos.3 to 5 filed a suit against the Board seeking declaration of title in respect of the land in question. However, they entered into a compromise of exchange of the land in dispute with another piece of land No.1043 which was in the possession of the temple and title to which was claimed by respondent No.3. The suit was decreed in terms of the compromise.The appellant-a third party challenged the compromise in a writ petition, alleging the same to be collusive as the land exchanged with the land in question was not the land of respondent No.3, but of the temple which was situated in front of the temple having three idols and had always been in possession of the temple. Writ petition was dismissed by High Court.In appeal to this Court, respondent Nos.3 to 5 filed a copy of order of Tehsildar to establish their title on land No.1043.Appellant contended that the very fact that the third respondent (an employee of the temple) has been shown to be cultivating tenant of the land in front of the temple containing the structures of idols, in a suo motu proceedings, demonstrated collusion and fraud. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2007 INSC 764 |
Petitioner | A.a. Gopalakrishnan |
Respondent | Cochin Devaswom Board And Ors. |
SCR | [2007] 9 S.C.R. 1 |
Judgement Date | 2007-07-19 |
Case Number | 3135 |
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