K KRISHNAN Vs. T T DEVASTHANAMS

JUDGEMENT

(1.) The appeal - A.S. No.462 of 1991 - and the two civil revision petitions -C.R.P. Nos.l291 and 1292 of 1991-areinter-connected and so they are disposed of by this common judgment.

(2.) The appeal, by the six defendants, is from the judgment and decree of the learned Additional Subordinate Judge, Tirupati in O.S.No.l46 of l987 granting a declaration that the suit land admeasuring Ac.2-73 cents in T.S. No.4042 corresponding to old Survey No.405 is a religious inam i.e., 'devadayam' granted in favour of the 'Kurathalwar Devasthanams' situated in Sri Govindarajaswamy temple, Tirupati, for its support, which was subsequently, by operation of law, vested in the Tirumala Tirupati Devasthanams, the first respondent-plaintiff. The trial Court also held that the appellants should deliver vacant possession of the plaint schedule property to the plaintiff and that the plaintiff could seek eviction only by taking recourse to Sections 83 and 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987) (for short "the Act").

(3.) The case of the Tirumala Tirupati Devasthanams is that they are the absolute owners of the suit land, an inam granted for the support of the Pagoda of Kurathalwar Devasthanams, attached to the Tirumala Tirupati Devasthanams. The property was leased out in 1939 unauthorisedly for a period of 55 years by one Kurathalwar and his wife Thangammal claiming themselves to be the trustees of the Devasthanam to defendants 2 to 6 (appellants 2 to6) and in an extent of Ac.0-73 cents, the lessees had constructed a cinema hall named 'Mahavir talkies' and the remaining extent of Ac.2-00 is vacant. In respect of the vacant land, it was averred in the plaint, the Tirumala Tirupati Devasthanams carried out several developmental activities but as the defendants - the appellants herein - started denying the title of the Devasthanams, the necessity for filing the suit had arisen. The reliefs sought in the plaint are: (i) declaration of title; (ii) permanent injunction; (iii) damages in a sum of Rs.18,000/- for use and occupation for three years prior to the institution of the suit; and (iv) payment at the rate of Rs.1,500/- per month for use and occupation from the date of plaint till the dateof recovery of possession.