( 1 ) THESE two appeals have been preferred under Section 100 of Civil Procedure code against the common judgment and decree dated 22-7-1997 passed in a. S. No. 95/96 and A. S. No. 105/96 on the file of V Additional District Judge, tirupathi, reversing the common judgment and decree dated 22-8-1996 passed in O. S. No. 42/92 and O. S. No. 123/92 on the file of I Additional District Munsif, Tirupathi.

( 2 ) FOR the sake of convenience the parties are being referred as they are arrayed in O. S. No. 42/92.

( 3 ) THE dispute in both the suits relates to the membership bearing batch number 52 in Tirumala-Tirupathi Devasthanam Kalyanakatta at Tirumala. The membership in that Batch No. 52 of Kalyanakatta vests rights on the member to participate in tonsure at that Kalyanakatta and he is entitled for remuneration as paid by Devasthanam. Unless one becomes a member under that Kalyanakatta Sangam, no one is entitled for participating in the tonsuring ritual and for the emoluments. The membership bearing batch number 52 originally belonged to one Y. Krishna Murthy. He died on 28-3-1969 leaving behind his widow Y. Venkataratnamma, his minor son Y. Venkataeswarulu and minor daughter Hussenamma (defendants 1 to 3 in O. S. No. 42/92 ). As the said legal heirs of Y. Krishna Murthy were not in a position to work in kalyanakatta, the membership bearing batch No. 52 was temporarily transferred in favour of one S. Muniratnam with their consent. As the said muniratnam was unable to render service in Kalyanakatta due to his ill-health, the first defendant, namely, Y. Venkataratnamma requested the fourth defendant, namely, T. T. Devasthanam, to transfer the membership in favour of V. Narayana, the plaintiff in O. S. No. 42/92. Accordingly T. T. D. Devasthanam issued proceedings dated 7-5-1980 (Ex. A-3 and Ex. B-2) conferring the said membership temporarily on the plaintiff V. Narayana subject to the following conditions : (I) The transfer is purely temporary. (II) The transferee could not claim any rights on the original member, (III) He should vacate when the son of the original member became major. Thereafter on 30-5-1980 the defendants 1 to 3 (defendants 2 and 3 being minors represented by their mother, D-1) sold away their right by taking rs. 16,300/- and executed a sale letter (Ex. A-4) in favour of the plaintiff- v. Narayana. Subsequently, D-3 Hussenamma became major and she was married to one Gatikachalam and subsequent to his death the third defendant was appointed as Attender in T. T. Devasthanam. Subsequently, the second defendant-Venkateswarulu became major and he is said to have submitted a letter to the fourth defendant (T. T. Devasthanam) stating that he has no objection to transfer the membership on permanent basis in favour of the plaintiff and Darmakartha of Kalyanakatta also said to have recommended for the transfer of such membership permanently in favour of the plaintiff by his letter dt. 25-11-1991 (Ex. B-4 ). By virtue of Ex. A-3 and Ex. A-4 the plaintiff v. Narayana is doing service in Kalyanakatta under the membership bearing batch No. 52.

( 4 ) WHILE the matters stood thus, the T. T. D. passed a resolution dated 27-12-1986 proposing the regularisation of service of the barbers and to grant regular time scale of pay with effect from their appointment. For its implementation, writ petitions were also filed and contempt petition was also filed. Exs. A-5 to A-11 relate to the matters relating to the regularisation of services of the barbers and these documents are not relevant to the dispute between the parties in these proceedings. In 1991 when the plaintiff v. Narayana applied for regularisation of his services there seems to be an objection from defendants 1 to 3. Hence, the plaintiff-V. Narayana has filed the suit O. S. No. 42/92 for declaration that he is entitled for permanent membership bearing batch No. 52 in T. T. D. Kalyanakatta, Tirumala and for consequential relief of permanent injunction against the