MANAGING COMMITTEE MURALI MANOHAR TEMPLE Vs. RAMACHANDER

JUDGEMENT

(1.) Against an order passed in E. A. No. 114 of 1972 in E. P. No. 17 of 1965 on the file of the Court of Chief Judge , City Civil Court, Hyderabad, respondents 2 and 3 have preferred C. M. A. No. 10 of 1973, while C. M. A. No. 33 of 1973 was preferred by the first respondent. There is a long history which led to the filing of these two appeals and it is better to state the same briefly in order to understand the respective contentions of both the parties.

(2.) One Ramachander (1st respondent in both the appeals) was a tenant in a malgi No. 21-2-120 Kaman-e-saher-e Batil , situated at Charkaman, Hyderabad which is an endowment belonging to Murali Manohar Temple, Hyderabad. The said endowment was governed by Hyderabad Endowments Regulations sanctioned by His Exalted Highness, the Nizam on 16th Shahban 1358 Hijri 1349 F. 1940 A.D. Exercising powers under clause No. 14 of the said regulations, the Director of Endowments passed an order on 14/08/1965, that Ramachander should be evicted from the said premises. Aggrieved by that order Ramachander preferred a revision petition before the Government of Andhra Pradesh under clause No. 18 of the said regulations. He applied for a stay of the operation of the order of eviction. But it was refused. Ramachander was therefore, evicted on 30-10-1965 by the Director of Endowments, who filed E.P. 17 of 1965 before the Chief Judge, City Civil Court, Hyderabad, which Court had to execute any such order of eviction in the same manner as possession is delivered in the execution of any decree and in the course of which execution the sections that are applicable to the execution of a decree would also apply to those proceedings as well.

(3.) After Ramachander was evicted the second appellant in C. M. A. No. 10 of 1973, was inducted as a tenant by the 1st appellant for eleven months under a rental agreement dated 11-11-1965 on a monthly rent of Rs. 65.00. Ramachanders revision petition was ultimately allowed by the Government in its proceedings Home (Endowments III) Department, Memorandum No. 291/B-III/68-14 dated 6-3-1967. By that order the Government directed that Ramachander, the former tenant of Malgi should be given possession of the Malgi on a monthly rent of Rs. 75.00 with immediate effect and the Commissioner, Charitable and Religious Institutions and Endowments Department , was requested to obtain a fresh agreement from Rachander after cancellation of the lease agreement of the present tenant, if necessary, and hand over possession to Ramachander of the said Malgi. By the date of this order the period of 11 months tenancy of the second appellant in C. M. A. No. 10 of 1973 had expired.