Dharmadhikari, J. - (1.) These two cross appeals have been filed as both the plaintiffs and defendants feel aggrieved by the judgment of the learned single Judge of the High Court of Madras passed in Second Appeal whereby decree granted by the two courts below has been modified with directions to the Administrator General under the Administrators-General Act No. 45 of 1963 and the Official Trustee of Madras under Official Trustees Act No. 2 of 1913 (hereinafter referred to as Act 45 of 1963 and Act No. 2 of 1913) to administer the suit properties as properties of the public trust.
(2.) The facts relevant to the institution of the suit leading to the present two cross appeals are as under : The properties in suit described in Schedules A and B are admittedly properties dedicated for being used by the public as Dharmachatram. The document of dedication is in the nature of a stone inscription on the front wall of the property. The property has been dedicated as a Dharmachatram meaning a Choultry of South India where travellers and pilgrims can take shelter and be provided with refreshment. The stone inscription is of the year 1805 and has a presumptive evidentiary value under the Evidence Act. The inscription is in Tamil and the contents of it have been explained to us in which the dedicator has clearly described himself as the owner of the property which he dedicated to the general public as a resting place. There is no trustee mentioned therein and the witness to the dedication is no human-being but Lord Thyagaraja Himself. The inscription translated into English reads as under : "Srinivas Sagaptam 6729. Kaliyuga Karthan 4905. Panchegam Vattage Dharpitam, 57 years of Ralthase, 3rd day. Ippasi Mar 15 (Tamil) Wednesday. Today, at Chennai Towa belongs to Tadhaval Community, Pachaiyammal, wife of Torairallur Sadayappa Pillai, dedicated this property as Dharmachatram, which being boundaries in East side sixteen Pillar Mandapam. Southside Nallena Mudaliar Chatram, west side Kammal Chatram, North side Nada Veethi and being 73 feet length towards south and north, 31 feet width, towards west to east. This Dharmachatram along with all the appurtenant rights can be used till the last days of Moon and Sun. No one can sell or mortgage this chatram. Thyagaraja Swamiyal and Vaduvudaiyammal are witnesses. Any person who would create any encumbrance by selling or purchasing would incur a curse like the one, to be incurred by a person who would slaughter a cow on the banks of Holy Ganga in Kasi."
(3.) The case of the plaintiffs was that they are in occupation of a part of the dedicated property described in Schedule A of the plaint in the capacity as trustees. It is further pleaded that a portion of the said property mentioned in Schedule B has been wrongly encroached upon by the defendants who are liable to be evicted and injuncted from entering into the possession of any part of the dedicated property.;