VENKATESWARLU Y Vs. V NARAYANA

JUDGEMENT

(1.) These two appeals have been preferred under Section 100 of Civil Procedure Code against the common judgment and decree dated 22-7-1997 passed in A.S.No. 95/96 and A.S.No. 105/96 on the file of V Additional District Judge, Tirupathi, reversing the common judgment and decree dated 22-8-1996 passed in O.S.No. 42/92 and O.S.No. 123/92 on the file of I Additional District Munsif, Tirupathi.

(2.) For the sake of convenience the parties are being referred as they are arrayed in O.S.No. 42/92.

(3.) The dispute in both the suits relates to the membership bearing batch number 52 in Tirumala-Tirupathi Devasthanam Kalyanakatta at Tirumala. The membership in that Batch No. 52 of Kalyanakatta vests rights on the member to participate in tonsure at that Kalyanakatta and he is entitled for remuneration as paid by Devasthanam. Unless one becomes a member under that Kalyanakatta Sangam, no one is entitled for participating in the tonsuring ritual and for the emoluments. The membership bearing batch number 52 originally belonged to one Y. Krishna Murthy. He died on 28-3-1969 leaving behind his widow Y. Venkataratnamma, his minor son Y. Venkataeswarulu and minor daughter Hussenamma (defendants 1 to 3 in O.S.No. 42/92). As the said legal heirs of Y. Krishna Murthy were not in a position to work in Kalyanakatta, the membership bearing batch No. 52 was temporarily transferred in favour of one S. Muniratnam with their consent. As the said Muniratnam was unable to render service in Kalyanakatta due to his ill-health, the first defendant, namely, Y. Venkataratnamma requested the fourth defendant, namely, T.T. Devasthanam, to transfer the membership in favour of V. Narayana, the plaintiff in O.S.No. 42/92. Accordingly T.T.D. Devasthanam issued proceedings dated 7-5-1980 (Ex.A-3 and Ex.B-2) conferring the said membership temporarily on the plaintiff V. Narayana subject to the following conditions :