B NARASIMHULU Vs. RACHAMALLA CHINNA RAMAIAH
LAWS(APH)-1955-2-9
HIGH COURT OF ANDHRA PRADESH
Decided on February 10,1955

B.NARASIMHULU Appellant
VERSUS
RACHAMALLA CHINNA RAMAIAH Respondents


Referred Judgements :-

SRI AMANESWARASWAMI TEMPLE V. DEVANA GOUNDAN [REFERRED TO]





JUDGEMENT

- (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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