TALLURI VENKATA SESHAYYA Vs. THADIKONDA KOTISWARA RAO

JUDGEMENT

(1.) This is a consolidated appeal from a judgment and decree of the High Court of Judicature at Madras, dated 30 November 1927, whereby a judgment and decree of the Subordinate Judge of Masulipatam, dated 5 February 1925, was set aside and the appellants' suit was dismissed. The present suit was instituted on 21 August 1923, by the present appellants, along with plaintiff 5 who died during the trial, as representing the interested public, under O. 1, R. 8. Civil PC, with the requisite permission of the Subordinate Judge of Masulipatam. The plaintiffs seek a declaration that five temples of the village of Vellatur, Guntur District, are public temples and that certain inam lands, situated in Kowthavaram village, form the endowment of these temples, and they seek to have set aside : (a) a permanent lease in respect of these lands executed on 6th December 1888, by the then managers of the temples, (b) a mortgage deed on the security of these lands, dated 3 November 1900, and (c) the Court sale effected in execution of the decree obtained on the basis of the said mortgage in O. S. No. 29 of 1911, on the file of the District Court of Kistna ; they further seek restoration of possession of these lands to defendant 1, who is the present hereditary Dharmakartha of the temples. The other defendants are the persons who are in possession of the temple lands, claiming under the permanent lessee, and the members of an undivided family, who purchased the right to the annual rent reserved under the permanent lease.

(2.) Three main questions were argued before their Lordships, namely, (1) whether the suit is barred by limitation, (2) whether the suit is maintainable under O. 1, R. 8, Civil PC, and (3) whether the suit is barred by res judicata. The appellants' failure on any one of these questions will involve the dismissal of the appeal. In the view that is taken by their Lordships, the suit is barred by res judicata, and it becomes unnecessary to deal with, or express any opinion upon either of the other two questions, or the particular facts out of which they arise. The five temples in suit were built early in last century by one Thadikonda Seshayya, a native of Vellatur and the grandfather of respondent 1's adoptive father, who had amassed wealth in Hyderabad and had returned to his native place. The temples were built for the deities of Siddhi Ganapati Swami, Rajeswara Swami, Bhimeswara Swami, Adi Seshachala Swami and Kameswara Maharani, and Thadikonda Seshayya conducted the festivals and the other affairs of the deities during his lifetime ; he left a will, dated 26 August 1826, shortly before his death, directing his widow, Adilakshmamma, to make a permanent endowment for the temples to the extent of Rs. 70,200 out of his self-acquired properties. The widow purchased two sets of properties in the villages of Kowtharam and Peddapulivarru for the temples, conducted the affairs of the temples out of the lands so purchased, and afterwards made a formal gift of the lands to the idols. Another set of properties in the village of Vellatur was endowed to the same temples by the Zamindar of Narasaraopet.

(3.) Seshayya's two sons, Siddhi Ganapati Doss and Nagabhushana Gajanana Doss, conducted the festivals and other affairs until the death of Ganapati in 1857. The latter's widow claimed the Dharrnakartaship, but the Collector decided in favour of Gajanana. In 1859 the Inam Commissioner granted an Inam title deed in respect of the Devadayam Inam situated in the village of Kowtharam. In 1867 Gajanana started borrowing money on the security of the Devadayam lands, which culminated in a usufructuary mortgage for Rs. 8,000, dated 15 January 1887, under which the lands of Kowtharam were handed over to the mortgagee. In order to discharge this mortgage, Gajanana and his adopted son Seshayya, granted the permanent lease of Kowtharam lands, dated 6 December 1888, which is in suit, and the mortgagee, Gopalkrishnamma, on the same day executed the counterpart of the lease.