SIRPA VISSAIAH Vs. ANKAMA RAJ TEMPLE

JUDGEMENT

(1.) Aggrieved against the judgment and decree of the lower Court, wherein a suit was filed by the respondent under Section 78 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act No. XVII of 1966-for short 'the Act') for a declaration that the suit schedule properties belong to the temple and further to set aside the order made by the Deputy Commissioner Endowments, in C A No. 67/76 dated 21-7-1977 and also for possession of the mulgies mentioned therein which was decreed and so this appeal. The learned counsel, Shri K V Satyanarayana, for the appellant has raised a preliminary objection with regard to the maintainability of the suit itself. The contention is that a suit straightaway cannot be instituted unless the party had first invoked the jurisdiction of the Deputy Commissioner, who is the authority under Section 40 of the Endowments Act and aggrieved, if any, against the said order only, a suit could be preferred. The contention appears to b founded on substance. Section 40 of the Act reads :

(2.) That apart, this Court in a decision reported in Joint Commissioner, Endowments vs. Sk. Meera Saheb (1) AIR 1977 AP 100 wherein faced with a situation with regard to the working of Secs. 75 and 76 of the Act in respect of termination of lease, notice for the same and so forthe vis-a-vis Section 106 of the Transfer of Property Act held :

(3.) In the result, the appeal is accordingly allowed and the judgment and decree of the lower court is set aside, with costs.