Judgment

S. C. AGRAWAL, J.:- These appeals by special leave directed against the judgment dated April 25, 1975 of the Andhra Pradesh High Court in Appeals Nos. 87 and 362 of 1972, involve the question whether the Temple of Sri Anjaneya Swami (hereinafter referred to as the suit temple) situate at Valuthimmapuram in Peddapuram Taluk, East Godavari District, of the State of Andhra Pradesh is a private temple and not a public temple and the appellant as the hereditary trustee of the suit temple is entitled to the possession of the temple and the properties attached to it.

2. After the enactment of the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), hereinafter referred to as the 1927 Act, Turanga Rao, father of the appellant, submitted an application (O.A. No. 117 of 1934) under Sections 18 and 84 of the said Act wherein it was claimed that the suit temple is a private temple and the applicant was the hereditary trustee of the same. One M. Satyanarayana Murthy of Peddapuram also filed a petition before the Board alleging that the suit temple is a public temple and that he may be appointed as the trustee. The said application of Turanga Rao was dismissed by the Board of Commissioners constituted under the 1927 Act by order dated March 30, 1935, and it was held that the suit temple is a public temple in terms of Section 9 (12) of the said Act and that the Act was applicable to it and to its endowments. Turanga Rao filed a petition (O.P. No. 15 of 1936) in the Court of District Judge of East Godavari for setting aside the order of the Board dated March 30, 1935 and to declare him as the hereditary trustee of the suit temple. In the said proceedings, Turanga Rao filed a petition (Exhibit A-7) dated April 2, 1936 seeking to withdraw O.P. No. 15 of 1936 on the ground that the post of trustee for the suit temple was now vacant and the Board was proposing to appoint him as the trustee. In view of the said application of Turanga Rao, the District Judge passed an order (ex. A-8) dated April 2,1936 whereby O.P. No. 15 of 1936 was dismissed. It appears that there-after, in 1936, Turanga Rao was appointed as a trustee of the temple for a period of five years. The said appointment of Turanga Rao as a trustee was not renewed on the expiry of the period of five years but he continued to be in possession of the suit temple and the properties attached to it till his death in 1946. After the death of Turanga Rao, the appellant came in possession of the same. Madras Act 11 of 1927 was replaced by Madras Religious and Charitable Endowments Act of 1951 (Madras Act 19 of 1951). On the creation of the State of Andhra Pradesh the said Act in its application to the State of Andhra Pradesh, was styled as Andhra Pradesh (Andhra Area) Hindu Religious and Endowments Act, 1951, hereinafter referred to as the 1951 Act. The said Act was replaced by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Andhra Pradesh Act 17 of 1966), hereinafter referred to as the 1966 Act, which came into force on January 26, 1967.

3. The appellant moved an application (O.A. No. 19 of 1967) under Section 57 of the 1951 Act, corresponding to Section 77 of the 1966 Act, whereby he pleaded that the nature and character of the suit temple be determined as a private temple and the appellant be declared as its hereditary trustee, Manager-cum-Archaka. The said application of the appellant was dismissed by the Deputy Commissioner, Endowments Department, Kakinada by order (Ex. A-10) dated August 30, 1969 where by it was held that the appellant had not been able to establish his exclusive right over the suit temple nor had he been able to extract proof that the temple is a private one and that there was no evidence that the trusteeship of the temple is hereditary one. Thereupon, the appellant filed a suit (O. S. No. 21 of 1970) in the Court of District Judge, East Godavari District, to declare the suit temple as a private temple and its