BHRAMARAMBA DEVI AT SRISAILAM Vs. MADAVARAM SUBRAHMANYAM

JUDGEMENT

(1.) These cases are coming up before us, on a reference made by the learned single Judge Justice J. Chelameswar, as per order dated 5th Sept. 2001, on the question as to the scope and effect of Sec. 144 of the Andhra Pradesh Charitable and Hindu religious Institutions and Endowments Act, 1987 (for short "the Act"). The facts of the case are that the petitioner is a judgment debtor in a decree obtained by the respondents in O. S. 2 of 1975 on the file of the District Judge, Kurnool, who claim to be the archakas of the petitioner-Devasthanam for recovery of certain amounts based upon hereditary rights, which have been enjoyed by them. The said suit was decreed on 9th Dec. 1977 and filed inter alia contending that in view of Sec. 144 of the Act, the liability of the petitioner, if any, arising under the said decree got extinguished and therefore, the order of the Court below is wholly unsustainable.

(2.) As noticed by the learned single Judge, the said plea was not raised before the executing Court. However, having regard to the question of law and the interpretation of the aforesaid provision, the same was permitted having noticed the decision of the learned single Judge in Veerasiva Sangham Vs. Commissioner of Endowments, 1994 2 ALT 602. which has been confirmed by a Division Bench of this Court in Writ Appeal No. 1026 of 1994, wherein almost in an identical circumstances, it was held that the said Act is only prospective in operation and cannot defeat the accrued rights. However, it was held that in the said decision, Sec. 144 of the Act has not come up directly for consideration and therefore, a valid pronouncement is required. Hence, the reference.

(3.) For consideration of the said question, it is relevant to take note of Sec. 144 of the Act, which reads as follows:"section 144: Abolition of shares in Hundi and other rusums: Not withstanding any judgment, decree or order of any Court, Tribunal or other authority or in any scheme, custom, usage or agreement, or in any manual prepared by any institution or in any Farmana or Sanad or any deed or order of the Government to the contrary governing any charitable or religious institution or endowment, all shares which are payable or being paid or given or allowed at the commencement of this Act to any trustee, Dharmakartha, Mutawalli, any office holder or servant including an Archaka or Mirasidar and share or shares, in the Kanukas offered either in kind or in cash or both by the devotees either in Hundi, Plate or otherwise, or any rusum in the Archana or Seva tickets and tickets for tonsuring or any rusums collected from the person for the performance of marriage or Upanayanam and the like, all offering made in the premises or the Temple or at such places as may be specified by the Trustee, all prasadams ard Panyarams offe"ed wither by the Temple or devotee, and such other kinds of offerings, all shares in the lands of the institution or endowment allotted or allowed to be in possession and enjoyment of any archaka, officer holder or servant towards remuneration or otherwise for rendering service and for defraying the 'paditharam' and other expenses connected with the service or management of the temple, shall stand abolished with effect on and from the commencement of this Act".