TIRUMALA TIRUPATI DEVASTHANAM Vs. K M KRISHNAIAH

JUDGEMENT

(1.) The Appellant (Tirumala Tirupati Devasthanams, hereinafter called the T.T.D.) is the defendant in the suit O.S.No. 51 of 1968 filed by the respondent-plaintiff in the Court of the District Munsif at Tirupati. The suit was filed by the respondent for grant of permanent injunction against the TTD in respect of Ac 2.29 of land in Tirumala Hills.

(2.) The trial Court dismissed the suit holding that the plaintiff had proved neither title nor possession and that the plaintiff who had trespassed into the property in October 1967, was not entitled to permanent injunction against the true owner, of the property, namely, the TTD.

(3.) The plaintiff filed an appeal and during the pendency of the appeal, the plaintiff had temporary injunction in CMP 319 of 1969 in his favour only upto 28-8-1969 and was dispossessed on 30-8-1969 by the TTD. The plaintiff then filed an application CMP No. 289 of 1970 on 25-7-70 under Order 6 Rule 17 CPC (beyond 6 months from the date of dispossession) for amendment of plaint and converted the suit into one for possession. The appellate Court too held that the plaintiff had proved neither title nor possession to the suit property. The appeal was dismissed by judgment dated 5-8-1982. We may state here that both courts relied upon the judgment of the Sub-Court, Chittoor dated 15-6-1942 in an earlier suit filed by the TTD against the Hathiramji Mutt in 1937 (O.S. 51/1937) wherein that Court had declared the TTD's title to this property. Such title was declared on basis of title deeds of 1887. Evidence of the Deity's possession from 1846 was adduced in that suit. Subsequent to the decree dated 15-6-1942, the TTD filed E. P. No. 1 of 1946 against Hathiramji Mutt and obtained delivery under Ex. B6 delivery receipt on 12-1-1946 through Court.