IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 RSA.No. 926 of 2008() --------------------- AS.298/2004 of DISTRICT & SESSIONS COURT,KOZHIKODE OS.243/2000 of PRINCIPAL MUNSIFF COURT .KOZHIKODE-I .................... APPELLANT-PLAINTIFF: ---------------------------------------- T.K.BALAKRISHNAN NAIR, AGED 67 YEARS, S/O.SANKUNNI MENON, RESIDING AT VAZHAKKALA, BILATHIKULAM, KACHERI AMSOM DESOM, KOZHIKODE TALUK BY ADV. SMT.VIDHYA. A.C SRI.A.C.VENUGOPAL RESPONDENT(S): RESPONDENTS-DEFENDANTS: -------------------------------------- 1. NELLIKAVU DEVASWOM COMMITTEE, NELLIKAVU TEMPLE, KARAPARAMBA, KOZHIKODE 673010 (REG.NO.25/1969), REPRESENTED BY ITS PRESIDENT P.RADHAKRISHNAN NAIR, AGED 75 YEARS, S/O.APPUNNI NAIR, VRINDAVAN HOUSE, BILATHIKULAM, KACHERI AMSOM AND DESOM, KOZHIKODE. 2. P.RAMACHANDRAN NAIR, AGED 77 YEARS, SECRETARY, NELLIKAVU DEVASWOM COMMITTEE (FATHER'S NAME NOT KNOWN TO PLAINTIFF) HAVING HIS OFFICE AT NELLIKAVU TEMPLE, KARAPARAMBA, KOZHIKODE, KACHERI AMSOM DESOM, KOZHIKODE. 3. T.K.RAJAGOPALAN, S/O.T.K.LAKSHMI, KUTTY AMMA, AGED 62 YEARS, KACHERI AMSOM DESOM, KOZHIKODE TALUK. 4. T.K.RADHAKRISHNAN, S/O. DO, 51 YEARS, -DO-, -DO-. 5. T.K.RAMAKRISHNAN, S/O.T.K.VIJAYALAKSHMI, 40 YEARS, -DO-. 6. T.K.JAYACHANDRAN, S/O.-DO-. 33 YEARS, -DO-. 7. T.K.MADHAVAN KUTTY, S/O.T.K.AMMALUKUTTY AMMA, 63 YEARS, -DO-. 8. T.K.UNNIKRISHNAN, S/O.T.K.AMMALUKUTTY AMMA, 42 YEARS, -DO-. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * R.S.A. No. 926 of 2008 * * * * * * * * * * * * * * * * * * Dated: 20-10-2008 JUDGMENT The plaintiff in O.S. No. 243 of 2000 on the file of the Munsiff'a , Kozhikode is the appellant in this Second Appeal. The said suit as originally instituted, was one for perpetual injunction against trespass. It was subsequently amended seeking a further relief to the effect that the purchase certificate obtained by the defendants as in O.A. 796 of 1998 was null and void. 2. As per the judgments and decrees passed concurrently by the courts below, the following factual findings have been recorded:- From Ext.B1 jenm assignment deed dated 2-9-1904 it can be discerned that there is a complete dedication of the properties in favour of the Nellikkavu Bhagavathy Temple. The temple tank was constructed and has been used by the temple for the last several decades . Besides, a vedippura has also been in existence for several years and that was also being possessed and used by the temple committee. From 1969 onwards the Devaswom committee has been in existence and the said committee has been in management R.S.A. No. 926 of 2008 -:2:- of the affairs in the said temple. It was the committee which was paying the land revenue for the entire properties including the plaint schedule property. The evidence does not show that the plaintiff or any of the erstwhile thavazhi members had ever been in possession of the property for several years. Except the self serving assertion by the plaintiff, no evidence of possession was adduced by the plaintiff. No member of the plaintiff's thavazhi was also examined to substantiate the plea of possession. 3. Under the above circumstances, the courts below held that the plaintiff could not claim exclusive possession of the plaint schedule property so as to injunct the defendants from managing the affairs of the temple and its properties. The said findings are pure findings of fact. No question of law, much less, any substantial question of law arises for consideration in this Second Appeal which is accordingly dismissed in limine. Dated this the 21st day of October 2008. V. RAMKUMAR, (JUDGE) ani. R.S.A. No. 926 of 2008 -:3:-