SRI LAXMI CHENNA KESAVA SWAMI TEMPLE, MARKAPUR, REPRESENTED BY ITS MANAGING TRUSTEE, P. VISWANADHA RAO, PLEADER, MARKAPUR Vs. MAKTAPURAM YANGAMMA AND OTHERS

JUDGEMENT

(1.) THIS appeal is preferred by the plaintiff against the dismissal of his suit by the Subordinate Judge, Kurnool which was laid for recovery of six items of property situated in Markapur and for a declaration that they constitute an endowment to the temple and for setting aside in order of the District Collector dated 18 -6 -1949 passed in appeal against that of the Deputy Collector, refusing to resume the inams on the ground that they do not fall within the scope of S. 44 (B) of the Madras Hindu Religious Endowments Act.

(2.) THE main defence to the suit was that the grant was not to the temple but was a personal inam given to one Venkatakrishnamacharyulu, an ancestor of the alienor of these lands. We are not concerned with the other pleas as they were given up at the time of the trial of the suit

(3.) IN support of this appeal brought by the plaintiff, it is contended by Mr. Rajeswara Rao that the finding of the Judge that the grant was not to the temple is untenable in view of the entries in the inam fair register, Ex. A -2.