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 right to put an end to it and to recover the lands. The arrangement was put an end to by notices dated December 6, 1948 and August 31 1949 issued by the plaintiff s advocate to the first defendant. The second defendant is a lessee of the suit lands under the first defendant.

3. The defence is as follows : The plaintiff is not the trustee of the deity and has no right to sue on its behalf. There was no arrangement as alleged in the plaint. The first defendant is entitled to the suit lands subject only to the burden of supplying one fourth seer of gingelly oil every day to the temple out of its income. In 1851, there was an arrangement between Peda Narasimhulu, the great grandfather of the first defendant and Ponnuri Anandu, the then Archaka of the temple that Peda Narasimhulu would provide one-fourth seer of gingelly oil every day to the temple out of the income of the suit land. This arrangement was reduced into writing. When this arrangement was made in 1851, Peda Narasimhulu was the owner in possession of the lands. Assuming that he got possession of the lands under the arrangement, Ponnuri Anandu and not the deity was the owner. Assuming that the lands belonged to the deity, the arrangement amounted to a transfer for valuable consideration of a permanent right for possession and enjoyment of the lands in favour of Peda Narasimhulu and his successors-in-interest, reserving for the deity only the right to the supply of the oil. The arrangement is binding on the deity. In any event Peda Narasimhula and his successors-in-interest have been in uninterrupted possession and enjoyment of the lands for over a century and have acquired title to the lands by adverse possession subject only to the burden of supplying the oil. The suit filed a century after the death or termination of office of Ponnuri Anandu is barred by time. Pending the suit, the first defendant died, and his legal representatives, the third and fourth defendants, were substituted in his place.

4. The Subordinate Judge, Eluru negatived the defence contention that the plaintiff is not the trustee of the temple, and this contention is no longer pressed. He found that (1) the suit lands belong to the deity, (2) the arrangement of 1851 amounted to a permanent lease of the lands by the then Archaka and de facto trustee of the temple to Peda Narasimhulu, on condition of his supplying one-fourth seer of gingelly oil every day to the temple, and (3) the first defendant and his predecessors-in-interest have acquired title to the lands by adverse possession burdened with this condition. On these findings, he dismissed the suit. This decree was confirmed by the High Court on appeal. Without expressing any opinion on the first two questions, the High Court agreed with the finding of the trail Court on th