Hindu temple loses land claim

A HINDU temple lost its bid to claim a plot of land it says its devotees had used as a car park for the past 16 years. The Churkoo Village Mandir in Manahambre Road, near Princes Town, contended that owing to its members’ uninterrupted occupation, the true owner’s title was no longer valid.

Yesterday, Justice Ronnie Boodoosingh, presiding in San Fernando High Court, ruled for the owner, Samaroo Ragoonanan, 65, who he said has a deed for the land.

Pundit Atma Maharaj and executive members Shiva Mohan Mahabir Maharaj and Reuben Pariag had sued Ragoonanan, claiming adverse possession. They contended that apart from the car park, the temple’s jhandis were planted there and they used the land uninterrupted for over 16 years for religious functions as well.

They plucked flowers from trees planted on the land and as a result, they claimed exclusive possession. The land is next to the temple, which is a modern structure with all amenities. They accused Ragoonanan of putting boulders and rocks at the entrance.

In a 30-page judgment, Boodoosingh said Atma Maharaj had asked, between 2000 and 2015, to buy the land. Ragoonanan refused, but in 2016, his son reported that the temple had dumped dirt on the land.

Boodoosingh had to decide whether, based on the temple’s claim of uninterrupted use, the pundit and executive members had a claim for adverse possession against Ragoonanan.

He said, “There are many occasions in the Hindu calendar which are observed. Accordingly, one would have expected there would be records as to donations, projects undertaken, receipts issued for work done, invoices, bills, photograph of events, minutes of what was done on the land and when, and similar documents.”

The temple witnesses’ evidence, Boodoosingh said, was unsupported by documents. The fact that the temple executive held discussions with Ragoonanan, the judge added, was evidence of recognition of his title.

Ramesh Lawrence Maharaj, SC, leading Vijaya Maharaj, instructed by Stephen Boodram, argued the case for Ragoonanan. Anand Ramlogan, SC, leading Alvin Pariagsingh, represented the temple.