ANISETTY KRISHNA RAO Vs. RADHAKRISHNA VASUKU KSHETRAM NARASARAOPET

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree dated 31-12-1990 passed in A.S.No. 10 of 1982 on the file of the Additional Sub-Court, Narasaraopet, confirming the Judgment and decree dated 14-12-1981 passed in O.S.No.100 of 1978 on the file of the II Additional District Munsif Magistrate Court, Narasaraopet, Guntur District.

(2.) The appellants herein are the defendants and the respondent herein isthe plaintiff in the said suit O.S.No. 100 of 1978. The parlies are being referred to as they are arryed in the suit for the sake of convenience.

(3.) Sri Radha Krishna VasukiKshetram, Burnpet, Narasaraopet, representedby its founder Sri Kathula Rajasimhudu, filed the said suit for the relief of permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit property i.e., Ac. 1.40 cents situate in T.S.No.6 in Block 1 of Ward No1 of Narasaraopet Municipality. The case of the plaintiff is that the suit property originally belonged to one Tadepalli Venkata Narayana of Narasaraopet who was a philanthropist. In the middle of 1952 the founder of the plaintiff's temple and some other religious minded persons intended to bring into existence a temple in Burnpet locality and therefore approached Tadepalli Venkata Narayana to gift some of his land for construction of the temple. He gave his consent to gift the suit property which contained a step well in it after satisfying himself of the bona fides of the founder and delivered possession of the site in August 1952 promising that he will execute a proper deed later along with other gifts of sites which he made to some other persons. Since then the founder was in pursuit of funds to raise the construction of the temple. In the year 1954 the donor-Tadepalli Venkata Narayana died and he executeda Will appointing his nephew Sri N. Narayana as the executor of his estate. The said executor N. Narayana all through had been promising to execute a deed with respect to the site of Ac.1.40 cents donated by late T.V. Narayana for the temple. The founder of the temple also raised fencing all round the suit site and he commenced construction of the temple in 1956 and completed i t by the middle of 1958 with the public funds raised by him. The deity was also installed, The founder of the temple also raised construction in some portions of the suit site making provision for the residence of the temple poojari. He also erected the main entrance gate and water storage in front of the temple which have been described in the plan appended to the plaint. The founder of the temple also paid land revenue to the suit site and house-tax for the house raised therein. The plaintiff-templeisa public templeopentoall persons. The plaintiff has been asserting his title to the suit site to the knowledge of the defendants and others since 1953 and thus the plaintiff has perfected his title by averse possession. When the defendants tried to interfere with the possession of the plaintiff the suit has been filed for the relief of permanent injunction as stated supra.