DEITIES OF CHIKAMMA DODAMMA Vs. G R SRIKANTAPPA

JUDGEMENT

(1.) This appeal is directed against the decree and judgment made by the first Additional Civil Judge Bangalore City dismissing the appeliant' 1st suit O. S. No. 465 of 1973 solely on the ground of limitation.

(2.) Briefly stated the relevant facts are these: The Hallikar Community of Bangalore have a temple of their own with deities of Chikkamma Doddamma at New Tharagupet Bangalore-2 The deities own substantial properties around the temple. By regraed deed Ext. p-1 dated 21st July 1901 Dharmakarthas of the temple granted a lease in perpetuity of a vacant land measuring 34 ft. x 130 ft. to Maistry Marappa at an annual rent of Rs. 30/-. On 25th June 1923 Marappa assigned his leasehold right to Rudrappa and Byappa. The defendant who is the son of Rudrappa is now in possession of the premises with buildings constructed thereon. The buildings are now under the occupation of several tenants.

(3.) Dharmakarthas of the tempie who were parties to the lease deed Ext. P-1 were succeeded by a new set in 1904. They in turn were replapad in 1907. In 1937 they were again succeeded by others. In these periods and thereafter it was alleged that there was no proper management of the temple properties. So complaining certain devotees filed a Scheme suit O. S. No. 36 of 1962 in the court of the III Addl. District Judge Bangalore. That suit was ultimately decreed and pursuant to the scheme framed thereunder the plaintiffs have been elected as trustees. They have filed the suit O. S. No. 465 of 1973 to recover possession of the property demised under Ext. P-l out of which the present appeal arises.