B NARASIMHULU Vs. RACHAMALLA CHINNA RAMAIAH
HIGH COURT OF ANDHRA PRADESH
RACHAMALLA CHINNA RAMAIAH
Referred Judgements :-
SRI AMANESWARASWAMI TEMPLE V. DEVANA GOUNDAN
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(1.)These two connected Second Appeals arise out of O.S. No. 253
of 1947 on the file of the District Munsif's Court, Nandyal, for a declaration that
the plaint schedule lands are the properties of Sri Chenna Kesavaswami and Sri
Anjaneyaswami temples of Moolasagaram and that the alienations made by
defendants 1 to 4 in favour of defendants 5 to 9 are void and for possession of the said lands
with mesne profits.
(2.)As the appeals relate only to item 1 of the plaint schedule, it would be enough
if the facts relevant to that item only were narrated. The plaintiffs' case may be
stated thus : Item 1 was dedicated to the deity Sri Chenna Kesavaswami for the
support and maintenance of the temple. Defendants 1 to 4 are the poojaris of the
temple, who have been in possession of the lands on behalf of the deity. They
have unlawfully alienated item 1 of the plaint schedule to defendants 5 and 6. The
Collector of Kurnool, by his proceedings, dated 24-th July, 1935, resumed item 1 and
directed the assessment payable on the lands to be paid to the trustees of the
temple for the time being and or dered pattas to be issued in favour of the archakas.
The order of the Collector was ultra vires. With those allegations, the plaintiffs,
who were the trustees appointed by the Hindu Religious Endowments Board, filed
the suit for the aforesaid reliefs.
(3.)Defendants 5 and 6, who are the alienees in respect of that item 1nto alia,
contended that the said item was the property of Venkatadriah from whose
successors-in-interest they purchased the same. They pleaded adverse possession. They
also contended that the suit was not maintainable in view of section 44-B of the
Madras Hindu Religious Endowments Act.
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