Decided on October 07,1952



- (1.) THE appellants are the hereditary archakas of the temple of Sri Malleswaraswami Varu in the village of Chinnapuli Varu in the Guntur district. The Hindu Religious Endowments Board notified the said temple under Chap. VI-A, Madras Hindu Religious Endowments Act and appointed an Executive Officer. He applied under Section 78 of the Act for delivery of the lands in possession of the archakas which formed the subject-matter of the suit and the appeal on the ground that the lands belonged to the deity. The petition under Section 78, O. P. No. 40 of 1945 on the file of the District Court of Guntur was eventually ordered, and it is represented that in pursuance of the order in that petition, the Executive Officer has since taken possession of the lands. While the petition under Section 78 was still pending the appellants filed a suit for declaration that they were entitled to be in possession of the plaint lands and were not liable to be dispossessed by the Executive Officer. Subsequent to the institution of the suit, the District Court passed an order directing the petitioners to deliver possession of the lands. Therefore there was an amendment in the plaint adding an additional prayer, namely, to set aside the order of the District Court in O. P. No. 40 of 1945. The main case of the appellants in the trial Court was that the deity had no manner of right to the lands and the lands were attached to the office of archaka.
(2.) THE learned Subordinate Judge of Tenali held on a consideration of the entire evidence that the suit lands were granted to the deity and not to the archakas and the plaintiffs could not be permitted to set up a title adverse to the deity. As according to the learned Judge the plaintiffs were not entitled to be in possession of the lands, the suit was dismissed with costs. Hence this appeal.
(3.) LEARNED counsel for the appellants very wisely did not challenge the correctness of the finding of the learned trial Judge as to the title to the properties. It must be therefore taken as established that the properties belong to the deity and not to the appellants.;

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