SANGAPU VISHWANADHAM Vs. KANNEGANTI BASAVAYYA

JUDGEMENT

(1.) These appeals are directed against the judgment in O.S. No. 76 of 1952 brought in the Court of the Subordinate Judge. Tenali, for recovery of items 1 to 5 of the plaint Schedule, on the footing that they constituted endowments to the temple of Sri Agas. teswara Swamy at Emani. The plaint recites that defendants 1 to 3 who have been in possession of the properties in question and rendering service for the institution and when called upon to surrender possession to the managing trustee they refused to do so. Defendants 4 to 8 are aliens of some of the suit items from defendants 1 to 3. The 9th defendant was in lawful possession of item 5 of an extent of 22 cents of land.

(2.) The answer of defendants to the suit was that items 1 to 3 were archakatvam service inams and that item 4 did not belong to the temple but was their private property. It was also pleaded that a decision rendered by the High Court in C.M.A. No. 125 of 1934 to the effect that the temple had no title to this property fell within the mischief of Section 11 of the Code of Civil Procedure and consequently binding on the temple.

(3.) The defence of the 9th defendant in occupation of item 5 was that this was granted to his ancestors by the Government and the temple had no concern with it.