JANARDHANASWAMI VARU TEMPLE KOPPERAPADU ONGOLE TALUK GUNTUR Vs. ASSISTANT COLLECTOR GUNTUR DISTRICTAND

JUDGEMENT

(1.) The question that arises in this Writ Appeal is whether a patta could be granted under section 4 (i) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (XXXVII of 1956) (hereinafter referred to as the Act) to an archaka who was put in possession of lands for services to be rendered by him.

(2.) This question arises out of a compromise entered into between the trustees of the temple of Sri Janardhanaswamy Varu of Kopperapadu, Ongole taluk, Guntur district and the Archaka attached to this temple. The temple owned about Ac. 31.67 cents of land comprised in S. No. 77 of Kopperapadu ; but they were in the possession and enjoyment of the Archakas obviously under an arrangement entered into in the unknown past between the Archakas and the then trustees of the temple. After the coming into torce of the Madras Hindu Religious Endowments Act (II of 1937), the trustees appointed by the Board sought to recover possession of these lands by filing a petition under section 84 ot that Act. This was resisted by the Archakas on the contention that they were personal mams.

(3.) Ultimately, the petition ended in a compromise by and under which the title of the deity to this property was tacitly recognised and the Archakas were pat in possession of three-fourths of the lands, half for their remuneration and another one- fourth for expenses of the daily worship. The other one-fourth was retained with the trustees for the other expenses connected with the temple. It was stipulated that the archakas were to be in possession and enjoyment of the land so long as they rendered the service in the temple. They were also to remain in possession of the portion allotted for purpose No. 2 on condition of their utilising the income therefrom for the expenses of daily worship and to hold the same only so lung as the said conditions were fulfilled and without any rights of alienation. It may be mentioned here that this compromise was entered into on the advice of the then Advocate-General of Madras. Ever since, the archakas have been in possession and enjoyment of the lands rendering service in the temple and incurring: expenses for the daily worship, i.e. Paditharam.