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1953 Supreme(SC) 21

S.R.DASS, M.C.MAHAJAN
Buddu Satyanarayana – Appellant
Versus
Konduru Venkatapayya – Respondent


Advocates:
K.R.CHAUDHARY, K.S.KRISHNASWAMI AIYANGAR, M.C.SETALVAD, M.S.K.AIYANGAR, M.SESHACHALAPATHY, N.SUBRAMANAYAM, S.Subramania Iyer

Judgment

S. R. DAS J.- This appeal arises out of a suit for recovery of possession of certain immovable properties measuring about 93 acres and 33 cents which are more fully and particularly set out and described in Schedule A to the plaint. That suit was instituted by Konduru Venkatapayya, respondent No.1. in his capacity as the Executive Officer appointed by the Government on 15-7-1942 in respect of Sri Somasekhraswami Temple at Kotipalle, hamlet of Donepudi a temple notified on 26-10-1939 under the provisions of Chap. VIA of the Madras Hindu Religious Endowments Act 196 (Act 2 of 1927). The suit was instituted in forma pauperis. The claim for ejectment of the defendants was founded on the allegation that the properties belonged to the temple, having been given to it by an Inam grant made in 1770 A.D. by Janganna Rao, the then Zamindar of Rachur, that defendants 1 to 16 and their predecessors were Archakas rendering Nitya Naivedya Deeparadhana services and as such were in possession of the properties for and on behalf of the temple and that defendants 17 to 43 were the lessees under the Archakas and that the defendants 1 to 16 were wrongfully claiming the properties as their own a












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