My issue is regarding temple land (Gramma Natham) lease hold rights.
My father purchased the lease hold rights for vacant temple land in 1988 in my mother’s name, Chennai Tamilnadu. In the said land, we have put up pucca superstructure with RCC Roof between 1990 to 1993 consisting of ground and first floor in 1989- 1990. Land belongs to temple and superstructure belongs to us. No arrears of rent till date.
We are permanently residing in Trichy which is 320 KM from Chennai; So my mother had given power of attorney to her own elder brother (power agent – My uncle) to look after the property in 1989. The power is only to manage the property and collect rents, not more than that.
Very soon Our Power Agent started misusing the power which is unknown to us at that time.
He tried to sell the property without our knowledge. In 1995 our power agent and Temple Hereditary Trustee join hands and they try to get patta for our land so that they can sell it for a good amount and share the amount. This happened completely without our knowledge. (They forged my mother’s signature in all the documents)
For doing this, power agent had given 1.5 lakh as commission to Trustee to do the favor from temple side. So they decided deliberately not to pay temple rent for some months and then trustee filed an eye wash case for non-payment of rents. My power agent filed Section 9 petition to buy that land from temple. (This is planned by trustee and power agent). Both in the Section 9 petition and in the case, my Mother’s signature is forged. Unfortunately, in 1996 Tamilnadu CM has brought new law that temple land can't be sold anymore. So my power agent and trustee got struck. Then when the trustee approached for rents, my power agent asked him to adjust the rent from that 1.5 lakh commission charge. Thereafter both went into misunderstanding and case in court was ordered as exparte in 1998, in favor of trustee and asked us to remove the super structure and hand over the land to temple.
We came to know about all the above happening only when I came to Chennai by 2003 for my higher studies. So, in 2003 we cancelled the power of attorney immediately.
Then we approached temple Hereditary Trustee, they asked us to pay arrears of rent. We paid immediately. Then in 2006 Temple Trustee filed an EP to vacate us which completely unknown to us, which was ordered as exparte in 1998 (they filed EP only after 7 years that too after cancelling the POA). We have also filed a regular first appeal in AS Sr. No. *****/2005 and in CMP No. ****/2005, the petition to condone delay in preferring the first appeal is pending disposal on the file of the Principal District Court, Chennai.
1. No petition or vakkalath has been served to us.
2. None of the documents related to this issue is signed by my Mother, All signs are forged; even the sign in Section 9 petition is not my mother’s sign.
3. However the court says the Signature verification can be done only by Trial court.
4. My Power agent advocate was enquired in EP court and had said clearly in the court that he hasn’t seen my Mother at any time and he was approached only by our power agent. His Statement was recorded.
But the court is not accepting the condone delay for more than 2400 days and also they are not verifying the signature in all petitions. Now EA petition is ordered in favor of temple. EP will also be ordered in favor of temple. So we are in big trouble to save our property. Now we are planned to go for revision in high court.
What I need is the original case was put only for eye wash without our knowledge but it has come serious now. Is there any possibility to make the court to give order to verify the signature of my mother or any other way to defend this case?
So I request all to give their valuable feedback and help us to recover our property.
Also I have another doubt; this land is graama natham land. How will be the temple land comes under gramma natham?
Around 100 sqft land is acquired by CMRL for the ongoing Metro rail project, during that time temple didn't provided or shown any proof for land. So my guess is whether temple trustee has acquired any poramboke land?
In other words is that land really belongs to temple?
How to find out?
Expecting the valuable reply from all the learned advocates. Thanks for your time and help.
