PURNAM RAMACHANDRAM Vs. STATE OF A P

JUDGEMENT

(1.) This appeal has been filed by Plaintiff No.3 in O.S. No.1 of 1977 on the file of the District Judge at Karimnagar. Plaintiff No.2 died before the judgment in the suit. His legal representatives were not brought on record as it was a suit under Order 1 Rule VII of the Code of Civil Procedure in the representative capacity. Plaintiff No.1 did not join the appellant in filing the appeal. He has been arrayed as a respondent. The parties shall be referred to as plaintiffs and defendants.

(2.) Suit was filed for a declaration and injunction, by the plaintiffs against the defendants and the suit was filed in a representative capacity on behalf of the plaintiffs and other 128 Agraharikas of Vemulawada attached to the temple Shri Raja Rajeswara Swamy Vemulawada, Taluka Sircilla, District Karimnagar. It was contended by plaintiffs that a temple of Shri Raja Rajeswara Swamy was in existence from times immemorial. In the recent past King Raja Raj Narendra renovated the temple and the form in which it exists now was given to it by the said Raja Raj Narendra. The ancestors of plaintiffs and other Agraharikas had been managing the temple, performing the Puja and handling the income derived from the offerings of the devotees. This was an ancient custom throughout the temples in India. Till recently, the Purohit used to perform the Puja, manage the temple and enjoy the usufruct of the temple which came in the shape of offerings and Dakshinas presented by the devotees.

(3.) The plaintiffs further contended that in 1816 A.D. (1225 Fasli), the Nizam of Hyderabad issued a Firman and granted the village of Vemulawada with all its lands, gardens, Abkari, customs,weavers taxes, Jatra Levi, Dabbi and all income of the temple along with the entire village revenue as Service Inam to the Brahmins of Vemulawada. The exact number of the Brahmins who were the original grantees under the Firman is not known now. But according to plaintiffs, the 128 families are the descendants of the original grantees. Although the Dabbi and Lingam given by devotees were not granted by the Ruler but in exercise of the sovereign power, the then Ruler included this income also in the grant in favour of the Brahmins. In 1917 (1326 Fasli), the Nizam of Hyderabad issued another Firman by which he confirmed the earlier grant in favour of the Deity and constituted the Brahmins of Vemulawada as Hereditary Trustees, Archakas, managers and beneficiaries. By that time, the number of Brahmins in Vemulawada had increased and it had become impracticable for all of them to sit in a committee and manage the affairs therefore, Nizam directed five capable persons should be selected out of them to constitute the managing committee. For more than 30 years everything was done in accordance with the directions of the Nizam. The temple affairs were solely managed by the Brahmins and the entire income of the temple was utilized by them in performance of Puja, maintenance and arrangements of Jatra and for their maintenance. Immediately after abolition of Jagirs in 1949-50, the Hyderabad Endowment Rules were applied to the temple. Vemulawada was situated in the Jagir of Maharaja Kishan Pershad Bahadur till then. The Government authorities considered that there was mismanagement in the temple affairs therefore, they appointed a Managing Committee of officials and non-officials for managing the affairs in 1951-52. In this Committee also two selected representatives of Agraharik Brahmins were taken as members. All Service Inam lands were converted into patta lands of the Agraharikas. Jagir commutation amounts also were paid to the Agraharikas. It was also decided that Dabbi and Lingam was not part of the Jagir but the Chief Minister at that time also decided that out of this money, the Brahmins, Agraharikas of Vemulawada would be entitled to 1/3rd as they were Mutawallis. This amount was being paid up to 1958. From 1958 to 1960, the Agraharikas were not paid anything. Ultimately in 1960, Rs.45,000/- was fixed as their remuneration annually in the capacity of Agraharikas or Pujaris. The Brahmins went on protest against the denial of their rights by the Government. Subsequently this amount was raised to Rs.60,000/- per annum on ad hoc basis subject to determination under the new Act of 1966. Ultimately in 1967, the Agraharikas were totally eliminated and the plaintiffs were not granted any relief. The plaintiffs filed Writ Petition No.3891 of 1967 before the High Court, challenging the Government order. It was dismissed with a direction that plaintiffs must apply to the Deputy Commissioner, Endowments under the new Act for getting their rights determined. Accordingly plaintiffs filed petitions under Section 77(1) C.F. and G of the Act XVII of 1966 and under Section 78 were filed before the Deputy Commissioner, Endowments, Andhra Pradesh, Hyderabad. This petition was numbered as O.A. No.29 of 1969, later on it was renumbered as O.A. No.6 of 1974. It was dismissed by the Deputy Commissioner, Endowments on 19.8.1974. The case had been tried and heard in Hyderabad by the Deputy Commissioner but when he was transferred to Kurnool, the file was sent to him for disposal. Thereafter a notice was given to the State Government under Section 80 of the Code of Civil Procedure, which was served on them on 7.11.1974.