B Y BHORIWALA Vs. ASSISTANT COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the Chief Judge, City Civil Court, Hyderabad in O.S.No. 212 of 1982, dated 10-3-1986 filed under Section 78 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, where by the learned Chief Judge confirmed the order passed by the Deputy Commissioner of Endowments i.e., the 2nd respondent herein, in O.A.No. 68 of 1981, dated 3-2-1982, wherein he had refused to declare the suit temple (Santoshimatha and Durgamatha temple) as private temple.

(2.) A few facts, which are necessary to dispose of this appeal, are as follows:- In this appeal, the rank of the parties is referred to as Plaintiff and Deputy Commissioner of Endowments.

(3.) The plaintiff filed an application under Section 71(1) (b) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, hereinafter referred to as Act No. 17 of 1966, before the Deputy Commissioner of Endowments to declare the Santoshimata Temple at premises No.15-7-276/1, Muslim Jung Bridge, Hyderabad as private temple belonging to the plaintiff. The reason for him to approach the Deputy Commissioner to declare the said temple as private temple was that the Assistant Commissioner of Endowments in his Proceedings R.C. No.D/1010/80, dated 7-4-1980 appointed the Board of non-hereditary trustees to the temple in question including the plaintiff as one of the trustees. Before the Deputy Commissioner of Endowments, it was contended that the plaintiff byname Babulal Yadav Bhoriwala son of Mohanlal wanted to devote his entire life seeking solace. As such, he has purchased a site adjacent to his house under registered sale deed, dated 2-1-1970, which is marked as Ex.A-1, with the following schedule:-