ARCHAKA SUNDARA RAJU DIKSHATULU Vs. ARCHAKA SESHADRI DIKSHATULU

JUDGEMENT

(1.) Plaintiff is the appellant. He filed a suit for a declaration that the Khanda Bhogiam deed executed by his adoptive father in respect of the lands mentioned in the plaint which are archaka service inam is invalid and for possession of the properties. His case was that the lands are archaka service inam lands granted to his ancestors for the purpose of doing service in Tirumalai Tirupathi Devasthanam, that, on the death of his adoptive father, the plaintiff succeeded to the hereditary office, that as archaka of the temple he is entitled to hold the lands free from any encumbrance, and that his adoptive father purporting to act for himself and as guardian of the plaintiff executed the Khanda Bhogiam deed, dated the 21 of February, 1913, whereby the 1 defendant was put in possession of the properties for a term of 30 years in consideration of a sum of Rs. 8,225 alleged to have been paid to the father. The plaintiff also states that there was no consideration for the deed, that the debts are not true and binding on him, that the deed is further invalid as having been taken from the plaintiff's father who was an old and orthodox person of weak mind, ignorant of worldly affairs and completely under the" influence of the 1 defendant, that the property being service inam is not alienable and that the document even if supported by consideration will not be valid beyond the lifetime of the holder of the office. The defence was that the alienation was valid and supported by consideration, that the lands comprised in the deed are alienable and that the lease deed is valid and binding. It is also alleged that the plaintiff with full knowledge ratified the lease after the death of his father and that he is estopped from disputing its validity. The Subordinate Judge dismissed the plaintiff's suit. He held that the consideration mentioned in the document was paid, that there was no undue influence or fraud in the matter, that, though the lands are inam lands, there was a custom of alienability, and that even apart from any such custom the lease of the lands is valid and binding and it is not an alienation prohibited by law. The plaintiff appeals.

(2.) It is not disputed that the lands in question are lands granted as inam to the person who holds the office of archaka. It is clear from Ex. B, extract from the Inam Register, Exs. C and E) as well as Ex. A that service was to be rendered. Exs. C and D, which are as far back as 1822, prohibit alienation even by lease but it is doubtful whether these orders would in law render leases invalid in the absence of anything in the grant and as a matter of fact it is not disputed that there have been several dealings with this property by way of Ijar or lease. Ex. I is the Khanda Bhogiam deed which is impeached. It is dated the 21 February, 1913. Its genuineness is not disputed, It recites that the amount due by the plaintiff's father was Rs. 8,225 and that he was unable to pay the amount and has no other income except the income got from the village described in the schedule, possession was delivered of the Inam village for a period of 30 years from fasli 1323 to fasli 1353. This document refers to a previous document of the 12 of April, 1910. As regards the enjoyment and payment of rent the deed runs as follows: Therefore you shall enjoy the said village from this time forwards and you yourself shall discharge the above-mentioned debts. From this time forwards you yourself shall collect all the income that has been collected by us in the said village. We have nothing to do with the profit and loss occurring in the same. You shall have all the rights held by us in the said village for this Khanda Bhogiam period of 30 years for collecting arrears from the ryots in the said village. You shall pay the kists payable to the Sircar (Government) on the said village and obtain receipts. You should give the receipts to us after (he Khanda Bhogiam period, that is when the said village was delivered possession to us. If you fail to pay the said kists according to instalments you should pay the loss sustained by us thereby. For the said period of 30 years you shall pay to us at the rate of Rs. 120 (one hundred and twenty rupees) in cash and 24 (twenty-four) putties of paddy either Pattadu Sambavu or Garika Sannam worth about Rs. 144 every year and should be given in two instalments on the 30 of Karthika month for Karu and on the 30 of Chitrai, Vaisaka produce in every year. If you fail to pay in the said manner you should pay the same to us on demand with interest thereon at the rate of one per cent. per mensem from the date of default.

(3.) It then goes on providing for the supply of straw, etc. it says that accounts should be maintained according to those maintained by the lessor which should be delivered after the Khanda Bhogiam period is over and that the repairs should be executed to the channels by the lessee.