R. SUNEETHA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This appeal has been filed under Sec. 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short 'Act 30 of 1987'), against the decree and order dtd. 28/11/2022 passed by the Andhra Pradesh Endowments Tribunal, Amaravati at Pedakakani, Guntur District (for short 'the Tribunal') in OA No.240 of 2014.

(2.) The appellant herein is the respondent and the respondents herein are the petitioners before the Tribunal. For the sake of convenience, the parties to this appeal hereinafter referred to as petitioners and respondent as they arrayed before the Tribunal.

(3.) Brief facts of the case are that the 2ndpetitioner i.e., Sri Kota Anjaneya Swamy Temple, Fort Road, Kurnool Town and District, is a temple governed under Sec. 1 of the Act 30 of 1987. The 2ndpetitioner-temple is the absolute owner of residential vacant land situated around the temple in Sy.No.35/5/C1A1, in which some small extent of 'kutcha houses' were constructed as detailed in the schedule for maintenance of the temple i.e., through the income derived there from. Public auction was conducted by the temple on 2/1/2011 for a period of two years and the respondent also participated in the auction and became the highest bidder. In pursuance of the bid, the respondent took possession of the property and paid the rents. The said lease was expired by 31/12/2013 and the said lease is not extended further. In spite of lapse of lease period, the respondent has been continuing in the schedule premises and she is not vacating the same even after repeated requests and demand made by the 2ndpetitioner. Hence, the 2ndpetitioner constrained to file application for eviction of the respondent.