A.P.Jyothi vs Maruthayil Abdul Karim on 11 February, 2026

Plaintiffs in a suit for declaration of title, recovery of

possession and permanent injunction challenges the concurrent

findings rendered against them on the ground that the findings

are perverse.

2. The brief facts necessary for the disposal of the

appeal are as follows:

2.1. The 1st plaintiff, who is the deity of Pazhanchannur

Devaswom Subramaniya Temple and the 2 nd plaintiff, who is the

Chairman of the Board of Trustees managing the affairs of the

1st plaintiff filed a suit (O.S.No.304/2007) claiming recovery of

possession in respect of 30 1/2 cents of property belonging to the

idol, which is challenged to have been mortgaged by the

erstwhile trustee to the predecessor of the defendants in the

year 1936. The claim of the defendants is based on a registered

lease deed, which according to them have culminated into a

2026:KER:15919

purchase certificate issued by the land tribunal and thus

conferring them right, title and exclusive possession over the

property.

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