VEDANTAM NARASIMHACHARYULU Vs. POTHURI KOTAYYA TRUSTEE OF SRI VENUGOPALASWAMI
HIGH COURT OF MADRAS
POTHURI KOTAYYA, TRUSTEE OF SRI VENUGOPALASWAMI
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(1.) THIS revision petition is against the order of the learned District Judge of Guntur made on an application by respondent I, under Section 78, Hindu Religious Endowments Amendment Act (Act 10 of 1946 ).
(2.) RESPONDENT 1 herein claiming to be the trustee of the Sri Venugopalaswami and Anjaneyaswami temple situate at Vallur, filed the application under Section 78, Hindu Religious Endowments Act, to direct the petitioner and the other respondents to deliver possession of the petition-schedule properties described in Schedules A and B to him and respondents 20 and 21, the latter also being trustees appointed along with respondent 1 petitioner in the lower Court.
(3.) THE petitioner before me raised objections as to the tenability of the petition before the District Court on the ground that the case was not one covered by Section 78, Hindu Religious Endowments Act and that the Court had no jurisdiction to direct delivery of possession of the properties to the trustees. A further ground was also alleged viz. , that the certificate required udder Section 78 was also not produced and that what was produced at a later stage was not the proper certificate required by that section. The learned District Judge held that, so far as the movable properties were concerned, the certificate issued by the Board did not comprise them, and therefore, he did not direct possession of the schedule-mentioned movable properties. But in regard to the immovable properties, which were claimed to be in the possession and enjoyment of the archakas, he directed, holding that the certificate was a valid certificate, that since the trustees have been appointed as such by the Board, they were entitled to recover possession and, therefore, the respondents were bound to deliver possession and allowed the petition. Against this order, this revision petition is preferred.;
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