P KONDAIAH CHETTY Vs. CHERUVA VENKATA SUBRAHMANYAM

JUDGEMENT

(1.) This appeal relates to a choultry in Ongole town run in the name of "Ayyanna Chetty Choultry". It is seen, in its name the founders name is incorporated. The two grandsons of the founder, P. Kondaiah Chetty and P. Venkata Subbarayudu, obtained a declaration from the Deputy Commissioner of Endowments on Nov. 18, 1969 holding that the premises of the building is not governed by the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 17 of 1966 (the Act). Thereupon, a social worker, C. V. Subrahmanya Sastry, two persons, Shaik Abdul Manaf, Manthri Seetharamaneyulu, who described themselves as poor persons, two others, P. Ramaiah and Kadava Venkata Subbaiah, in all five, laid a suit to set aside the order of the Deputy Commissioner. In that suit, the two grandsons of the founder, were made parties. The case of the five persons is, the Choultry is a famous institution in Ongole and is governed by the provisions of the Act. The suit was resisted and in answer, it was averred, the building was owned by them and was never a Choultry, except that travellers were allowed to sleep in Verandahs; its rooms were let-out but rents were collected for the benefit of Ayyanna Chetty and his descendants. Accounts were maintained and the books show, rents were received by Ayyanna Chetty and his successors-in-interest. The order of the Dy. Commissioner was not illegal or incorrect. At the trial, eighteen witnesses, all from Ongole town, were examined. Most of them are septuagenarians, who deposed, the building in question was declared a Choultry in December, 1919 by Ayyanna Chetty and ever since, is used as Choultry. On a consideration of the evidence, the impugned order was set aside. The suit was decreed. Hence appeal by the two grandsons of the founder. In the appeal, all their contentions in the suit, are reiterated.

(2.) Choultries in South India, were always regarded as charitable institutions. In the treatise, the Hindu Law of Religious and Charitable Trusts by B. K. Mukherjea, at paragraph 2.34 (4th Edition), it is recited, "Dharmasala" in North India and Choultries in South India are regarded as charitable institutions. In Vedic period similar institutions were called, "Propatha". They were referred, "Pratisrayagriha" in the post-vedic period. Like institutions in Bengal are known, "Sadabrats", but in South India, Choultries are to be distinguished from "Annasatras". In what particular manner, a Choultry is different from "Dharmashala", however, is unclear, in the book. That controversy is not called for, in the instant case.

(3.) In the instant case, a large number of residents of Ongole town were examined at trial. The preponderance of evidence on record shows, the building in question, was dedicated as Choultry by its owner in 1919. Having regard to the evidence, it is not necessary to consider the instant case from the standpoint of general tests. The evidence discloses, the site in question where the building is construed was purchased by Ayyanna Chetty on 27/04/1918, P. Kondaiah Chetty deposed, immediately after the purchase, his grandfather constructed a building. It contains five large family apartments, one part of the building is referred as "small portion" containing 18 rooms, and other is referred, a family room, two are referred as big family rooms, three are single rooms. The building consisted of four tenements let-out to shops. In the first floor, there is a marriage hall with the capacity to accommodate 200 people.