LAWS(APH)-1957-11-40

RAMESWARA DAS BAVAJI Vs. VUPPULURI PURNACHANDRA RAO

Decided On November 27, 1957
Rameswara Das Bavaji Appellant
V/S
Vuppuluri Purnachandra Rao Respondents

JUDGEMENT

(1.) IN this Second Appeal, plaintiff and the second defendant are the Appellants. The it (O. S. No. 237 of 1948) was filed before the District Munsif, Vijayawada, by one Rameswardas Bavaji describing himself as the Matadhipathi of the Brahmachari Bavaji Mutt at Bezwada, for a permanent injunction restraining the defendant Purnachandra Rao from interring with his possession and enjoyment of suit land as the head of the Mutt. Later, plaint was amended by asking for possesses.

(2.) PLAINTIFF 's predecessor -in -office was one Gokuladas. He was the Mahant of the aforesaid Mutt for several years. During his tenure he granted a permanent lease to one Veerabhadra Rao, a benamidar for the defendant's father. The father died and the defendant was claiming under the lease. While Gokuladas was functioning as the Mahant, the Endowments Board framed a scheme for the administration the Mutt, appointed certain trustees and directed them to file a suit for cancellation of lease. O. S. No. 179 of 1931 was the result.

(3.) IN the meanwhile, the Executive Officer, Nanduru Rama Rao, who has so far not taken any. steps for the recovery of the property for the Mutt, bestirred himself and moved an application I. A. No. 1685 of 1948 seeking to bring on record the Mutt itself as 2nd plaintiff represented, of course, by its Executive Officer.