KISHAN SINGH (DIED) AND OTHERS Vs. DY. COMMISSIONER, CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS, GOVT. OF A.P., HYDERABAD AND OTHERS

JUDGEMENT

(1.) The Plaintiff is the appellant. The suit is filed challenging the order dated 2-4-1975 passed by the Deputy Commissioner, Endowments Department, Hyderabad, the 1st defendant, under Sec. 78 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966.

(2.) The plaint case is that the temple called Sri Hanuman Temple, Muchkundanagar, near Dhoolpet, Hyderabad, is a private temple and the house property bearing municipal No. 13-2-731 and 13-2-732 is the private property of plaintiffs 1 and 2 and the proceedings under the Endowments Regulations of the former Hyderabad State registering this institution as an endowment are illegal and hence they sought a declaration besides setting aside the order, or declaration to declare that the suit temple is a private temple, and the property described is a private property of the plaintiffs 1 and 2, and they have prescribed title by adverse possession, and the proceedings under the Hyderabad Regulations registering the suit temple and the property as endowment property are illegal and void. The first defendant reiterated the findings recorded by him in the order dated 2-4-1975. On this controversy the court below framed as many as 12 issues including one additional issue. But without recording the findings on the issues, the court below dismissed the suit mainly resting its conclusion on the findings arrived at on issue No. 5 and dismissed the suit. Against the said judgment and decree, the present appeal is filed. The defendants though served did not appear. Regarding maintainability of the appeal heard Sri S. Satyanarayana Prasad and I gave my findings in C.C.C.A. 26 of 1980 holding that the appeal like the one is maintainable and I proceed to examine the appeal on merits.

(3.) As already stated, the court below concluded the entire trial on the finding arrived at by it on issue No. 5. Issue No. 5 relates to the effect of the entries made in respect of suit property under the Endowments Regulations of 1349 Fasli. The Trial court found that in view of the fact that this institution was registered as Endowment, the entries made in the Endowments Register have become final and the suit property must be an endowed property. It is necessary to notice the provisions of these Regulations. The preamble to the Regulations states as follows :