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Savirimuthu Moopan and ors. Vs. Sattan Chinnappan Savari - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in15Ind.Cas.185
AppellantSavirimuthu Moopan and ors.
RespondentSattan Chinnappan Savari
Excerpt:
practice - decision not different from the case of either party--unsustainable. - 1. the district judge has decided the case on a finding that there is no evidence that the building was ever dedicated to religious uses. but this was not the case of either party and was not a matter on which any issue was raised.2. we must set aside the decree of the district judge and remand the appeal for disposal according to law.3. it is open to the district judge to settle fresh issues, if he finds it necessary to do so. costs in the court will abide the result.
Judgment:

1. The District Judge has decided the case on a finding that there is no evidence that the building was ever dedicated to religious uses. But this was not the case of either party and was not a matter on which any issue was raised.

2. We must set aside the decree of the District Judge and remand the appeal for disposal according to law.

3. It is open to the District Judge to settle fresh issues, if he finds it necessary to do so. Costs in the Court will abide the result.


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