VADLAMUDI SASTRULU Vs. THALLURI VENKATASESHAYYA

JUDGEMENT

(1.) These appeals arise out of a suit brought under Order 1, Section 8, Civil P.C. by five plaintiffs claiming to be worshippers of five temples in Vellatur, Repalle taluk, Guntur District, formerly Kistna District, for certain reliefs in respect of the suit properties which are alleged to belong to the idols of the suit temples. The Subordinate Judge has given a decree in favour of the plaintiffs. Appeal No 122 was filed by defendants 2 to 44 and Appeal No. 463 was filed by defendants 45 to 47.

(2.) The facts of the case may now be briefly stated. Early in the last century one Thadikonda Seshayya, grandfather of defendant 1's adoptive father, who was originally a native of Vellattur went to Hyderabad, and after acquiring much wealth in the Nizam's Dominions returned to his native place where he built the suit five temples for the deities of Siddi Ganapathi Swami, Rajeswara Swami, Bhimeswara Swami, Authi Seshachala Swami and Kameswari Maharani. During his lifetime he was conducting the festivals and the other affairs of the temples. It is said that he left a will of the year 1826 directing his widow to make permanent endowments for the temples, and for this purpose he directed her to spend a sum of Rs. 70,200 out of his properties. Afterwards two sets of properties in the villages of Kowthavaram and Pedapulivaru were purchased by his widow Authi Lakshmamma and another set of properties in the village of Vellatur were given by the Zemindar of Narasaraopet as endowments for the same temples. The widow was. conducting out of the lands purchased by her the affairs of the temples and afterwards made a formal gift of the lands to the idols. In the year 1838 his sons Sidhi Ganapathidoss and Nagabhushana. Gajana Das executed a document recognizing the gift, Ex. F. The defendants do not admit the genuineness of the document, but it is clear that, even if the particular document is not genuine, the history of the connexion between the suit lands and temples must be somewhat in the manner set forth in this document.

(3.) In the year 1857 the elder brother Shidi Ganapathi Doss died. Soon after his death there were some disputes about the dharmakarthaship of the temples between his widow Mahalakshmamma and the younger brother Nagabhushana Gajanadoss. The lands in all the three villages were dealt with by the Inam Commissioner in 1859 to 1864 and inam title-deeds were issued for the lands in all the three villages. A house-site with a building known as Bhimeswara Vilas, because god Bimeswara Swami when carried in procession was made to rest on this sits for some time, was also purchased by Sidhi Ganapathi Doss. It was then sold in execution for certain debts-due by his widow Mahalakshmamma and purchased by V. Vallabarayudu who, in his turn, sold it to N. Gajanadoss by sale-deed, Ex. 12, of the year 1866. This site was also given away by N. Gajana Doss to Sidhi Ganapathi Swami, the first of the five idols under a gift-deed, Ex. N. It appears that N. Gajana Doss began to contract debts either because ha was living an extravagant life or he was carrying on the temple affairs in an extravagant manner, or for some other reason.