UPPALAPATI VENKATARATNAM Vs. CHENNAKESWAVASWAMI TEMPLE UPPALAPADU

JUDGEMENT

(1.) This appeal is by the defendant an ex-trustee of Sri Chenna Kesava Swamy temple, Uppalapadu against the judgment and decree in O. s. No. 25/61 on the file of the Subordinate Judge, Bapatla decreeing the temples suit for recovery of possession of the plain Schedule land measuring about Ac. 8-88 cents in D. No. 351 out of Ac. 37-38 cents and for past and future profits with interest.

(2.) The plaint schedule land was endowed to the Deity and is covered by title-deed No. 599 which stands in the name of the Deity. The right, title and interest in the suit land therefore vests in the plaintiff. The defendant appellant was the trustee of the temple who was ordered to be removed by the Board of Commissioner, Hindu Religious Endowments by an Order dated 25-1-1936 (Ex. B-1). The subsequent Trustees of the temple filed O. P. No. 102/30 in the District Court, Guntur under Section 78 of the Madras Hindu Religious Endowments Act 2 of 1927 for recovery of possession of the temple lands including the plaintiff schedule land against the appellant herein. That petition was ordered on 17-9-1941 which is marked as Ex. B-11. It is alleged that the subsequent trustees were negligent in taking possession of the land from the defendant which necessitated the filing of the present suit.

(3.) The defendant-trustee does not dispute the title of the temple to suit land but claims to be in adverse possession of the same ever since he was removed from the Trusteeship of the plaintiff-temple. Although O. P. No. 102/39 on the file of the District Judge was allowed, he has been in open, continuous and hostile possession of the plaint schedule land, as such of the plaint schedule land, as such the title of the temple to the properties was extinguished and he acquired title by adverse possession. He also contends that the only remedy of the temple was to execute the order in O. P. 102/39 and a suit for the same relief is barred by time. He also assets that the Managing Trustees filed Miscellaneous Petition No. 19 of 1956 on the file of the First Class Magistrate, Bapatla for the recovery of the Plaint schedule property from the defendant under Section 87 of the Hindu Religious and Charitable Endowments Act which after being opposed by the appellant was dismissed for default.