KISHEERA RAMALINGESWARASWAMY Vs. NANDULA BUCHI RAMAYYA

JUDGEMENT

(1.) These two L. P. As arise out of the same appeal A. S. No. 485 of 1972 which was allowed with costs by Madhava Reddy, J. Another appeal A. S. No. 436 of 1971 was also considered along with this appeal by the learned Judge, but that was dismissed and there was no appeal against it. So the matter in so far as that is concerned has become final. The plaintiff to the extent that he felt aggrieved by the decision of our learned brother in A. S. No. 485 of 1972, has preferred L. P. A. 134 of 1975, the Legal Representatives of the Second defendant have preferred L. P. A. No. 176 of 1975 to the extent the decision went against them.

(2.) The suit out of which these appeals arise was filed by the Executive Officer of a temple for recovery of possession of two items of land, for accounting and for profits. His case is that under a trust deed, Ex. A-4 of the year 1932, two items of land, which are of a total extent of Ac. 2.76 cents, were endowed in the name of the temple. The first defendants father was constituted as the trustee of the temple. However the first defendants father, himself being the trustee, got conveyed the same properties in his name in the year 1946 under a deed of settlement. The donor Venkata Subbamma died on 18-5-1946. Under Ex. B. 41 dated 16-6-1948, first defendants father purported to have sold item 1, of an extent of Ac. 1-58 cents to the second defendant for Rs. 3,000.00. On 1-2-1951 the first defendants father died. Thereafter the first defendant continued as the trustee of the temple. The suit was filed on 17-2-1967 for the reliefs above-mentioned.

(3.) In the plaint it is alleged that the settlement deed in favour of the father of the first defendant, Ex. A-5 is invalid, because the property is trust property and the temple is entitled to it. Since the defendants have been in enjoyment of these properties, they are liable to deliver the property to the temple after accounting for its profits and also future profits.