Decided on November 19,1954



- (1.) These two appeals under the Letters Patent are against the Order of a single Judge of the Madras High Court declining to grant a temporary injunction against the respondents restraining them from taking possession of the lands in dispute pending the disposal of A. S. Nos. 1013 and 1015 of 1953.
(2.) The learned Judge took the view that, in the circumstances of these cases, no injunction could be asked for. Before we go into the question of law, it is desirable to state breifly the facts leading up to the present appeals.
(3.) A. S. Nos. 1013 and 1015 of 1953 are appeals against the common judgment in O. S. Nos 97 and 99 of 1952 on the file of the Subordinate Judges Court of Elurn. The suits were instituted by the appellant in these appeals for a declaration of his right of occupancy in the lands in dispute in each of the suits. The appellant is the arechaka of three temples, Sri Venugopalaswamy Varu, Sri Sitharamaswamy Vary and Sri Kesavaswami Varu in the village of Duvva in the West Godavari District. The suit lands admittedly belong to the deities. The appellant claims, howeer, that he is entitled to remain in possession of the properties as long as he performs archakathwam service and that he cannot during that time be evicted from the lands.The respondents in the appeals, who were defendants in the Original Suits, are trustees of the temples. Their contention is that both the Melwaram and the Kudiwaram belong to the deities and that the plaintiff has no interest in the lands, but is entitled only to wages for services rendered. The suits were dismissed by the Sub-Court. A. S. Nos. 1013 and 1015 of 1953 are appeals against that decision. Pending those appeals, the present appellant filed C. M. P. Nos. 10551 and 10552 of 1953 in the High Court at Madras seeking in each case, an injunction to restrain the respondents from taking proceedings to recover possession of the lands in dispute under S. 87 of the Madras Act (19 of 51) pursuant to a certificate already obtained by them under S. 78 of Madras Act (2 of 1927).;

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