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february 2007

Supreme Court of India · 2007-02-07

RAJAVEL vs THIRUNAVUKKARASU

Citation / case number
SC 1999/17822
Court
Supreme Court of India
Petitioner
RAJAVEL
Respondent
THIRUNAVUKKARASU
Author
TARUN CHATTERJEE
Bench
AR. LAKSHMANAN & TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court upheld the decree of the High Court granting injunction in favor of the plaintiff under the partition deed dated 9th December 1949, which designated the suit property for charitable purposes at Sri Kumbeswara Swamy Temple. The Court clarified that the defendant's claim of adverse possession was untenable as the original trustee's descendants retained rights over the property for charity. The Court emphasized that the plaintiff, as the grandson of the original owner, had the rightful claim to perform the charities, thus affirming the lower courts' decisions.

RAJAVEL vs THIRUNAVUKKARASU · Niyam