BHAVANARAYANASWAMIVARI TEMPLE Vs. VADAPALLI VENK ATA BHAVANARAYANA

JUDGEMENT

(1.) The point in controversy in this appeal by special leave is whether the properties in dispute herein constitute a hereditary archakatwam service inam granted to the plaintiff's predecessors or whether they are the properties of the appellant temple. The High Court and the courts below have come to the conclusion that the appellant's contention that it is the owner of the suit properties is barred by res judicata. That conclusion is challenged in this appeal.

(2.) In the suit under appeal the respondent who is an archaka in the appellant temple prayed for a declaration that the suit properties had been granted to his family as archakatwam service Inam land and that the appellant has no right therein. He has also asked for an injunction restraining the appellant from interfering with his possession and enjoyment. The appellant denied the respondent's claim. The High Court as well as the appellate court have upheld the respondent's claim on the ground that the appellant's claim is barred by res judicata.

(3.) In 1931 the Madras Religious Endowments Board framed a scheme for the better management of the appellant temple. At that time the question arose whether the suit properties were the properties of the temple. The respondent's family put forward the claim that those properties had been granted to them as archakatwam service inam and consequently those properties were not temple properties. That contention was accepted by the Board. It is said that the said decision operates as res judicata against the claim made by the appellant.