KAPALAVAYI KASI RAMA RAO Vs. KOTTA VENKATARATNAM

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 1-12-1943 which reversed a judgment and decree of the Court of the Subordinate Judge, Guntur, dated 31-3-l942.

(2.) The question in the appeal is whether certain property described in the plans to the plaint is the private property of the appellants or dedicated to the public for charitable purposes. On 27-6-1935, the respondent who was formerly in the employ of the original plaintiff, Kapilavi Mallayya (hereinafter called "the plaintiff") made an application by Original Petition No. 73 of 1935 to the District Judge of Guntur, under S. 3, Charitable and Religious Trusts Act, 14 [XIV] of 1920, alleging that the said property was public charitable trust property and praying for a direction to the plaintiff to furnish particulars as to the nature and object of the trust, the value, condition and management and the application of the trust property and of its income.

(3.) On 29-11-1937, the District Judge of Guntur made an order upon the said 0. P. No. 73 of 1935 that the property was a charitable institution; that the plaintiff was the founder thereof and the dedication by him to the public had been completed by Ex. "e" to the said petition, which is Ex. D-1 in these proceedings. That exhibit is in the following terms : "Sree Rama Subhamasthu. Letter of invitation for the opening ceremony of the new Dharma Chatram (free choultry) to M. R. Ry. Nagasarapu Lakshmayya, news as to welfare written by Kapalavayi Subbarayudu Garu's son Mallayya. The learned persons decided that on the auspicious Monday, Vyshaka Sukla of the year Vibhava (corresponding to 2-5-1928) under the constellation of chitta star in the Dhanurlagnam at 10-30 Vighadiyas, in the night corresponding to hours 10-31 minutes, the Dharma Chatram (free choultry) built for the use of the sojourners, in the western bazaar of the Narasaraopeta village should be consecrated, that on 3-5-1928 there will be the feeding of Brahmins and that on 5-5-1928 there will be celebrations of Rukmini Kalyanam and Vyshya feeding. So you are requested to come with family and friends to those functions, grace the same with your presence and bless me. Yours obediently, Kapalavayi Mallayya. Narasaraopeta, 29 April 1928."