Judgement

BACHAWAT, J. : This appeal arises out of a suit instituted by Atyam Veerraju as trustee of Sri Janardhana Swami Varu of Penugonda, a Hindu deity, against Nuli Subba Rao and Pechetti Venkanna for recovery of possession of agricultural Inam lands, R. S. No. 153/3, 2 acres 38 cents and R. S. No. 167, 4 acres 36 cents, totalling 6 acres 74 cents in Cherukuvada village, West Godavari District, Andhra Pradesh.

2. The case made in the plaint is as follows : The suit lands belong to Sri Janardhana Swami Varu. In 1851, one Ponnuri Anandu, the then Archaka and de facto trustee of the temple, arranged with Nuli Peda Narasimhulu, the great grandfather of the first defendant, that the latter would supply one-fourth seer of gingelly oil every day to the temple and instead of receiving the price of the oil would enjoy the income of the lands. The arrangement was reduced into writing. The first defendant and his predecessors have been in possession of the lands under this arrangement. The arrangement did not amount to an alienation; it gave only a licence to receive the income and appropriate it towards the price of the oil. Even if the arrangement amounted to a lease, the plaintiff has a