RAMALINGESWARA SWAMY DIETY INSTALLED Vs. PETETI PURUSHOTHAM

JUDGEMENT

(1.) Two suits being CKS.Nos.24 and 25 of 1980 were decided by acommon judgment by the trial Court. Only One appeal has been filed against the judgment and decree in O.S.No.24 of 1980 by the plaintiffs, whose suit was dismissed by the trial Court.

(2.) . In the first instance, we will deal with O.S.No.24 of 1980. The facts which lead to filing of this suit are that a deity sought recovery of possession of plaint schedule properties and also ejection of defendants No.1, 3 to 5, 7 to 10 And 12 to 17. Some of the defendants died during the pendency of the appeal and their legal representatives were brought on record by separate orders on different dates.

(3.) The suit was filed on the ground that 'Sri Ramalingeswara Swamy' of Kopalle was a deity and the properties mentioned in the schedule, belonged to the deity. At the time of Inam settlement in 1959, these properties were in possession of one Peteti Veerabhadrudu, the then de facto manager of the deity, who was also rendering service of 'Archakatvam' in the said temple. The land had been granted to the deity and deity was in possession of the properties through the de facto manager. Said Veerabhadrudu had no indepdendent right of his own with respect to the property except that he was managing the property as the manager of the deity. The deity was therefore entitled to recover possession of property. The property was held by the successors of Veerabhadrudu, who were defendants No.1, 4, 8 and 9 through the dejure trustees appointed by the competent authority. The defendants No.1, 4 and 8 are presently managing the properties being the 'Archakas' in the temple. Defendant No.9 was the mother of 8th defendant who was in possession of the part of the suit property. The Assistant Commissioner of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments, West Godavari, for the first time, appointed trustees on 18-7-1970 and subsequently one of them had been elected as Managing Trustee. The Deputy commissioner of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments, Kakinada appointed G. Ramakrishnam Raju as Executive Officer on 21-10-1971. The Board of Trustees passed resolutions on 7-1-1971 and 10-7-1973 that a suit should be instituted for recovery of the suit property and also for rendition of accounts by the de facto manager and 'Archakas' i.e. defendants No.1, 4 and 8. The Executive Officer authorized the plaintiff to initiate proceedings in Courts.