P. KODANDARAMAYYA, J.

( 1 ) ONE of us referred this Second Appeal to a Division Beach in view of the questions of law raised in the case.

( 2 ) DEFENDANTS 1 and 2 are the appellants in this appeal. The plaintiff is the Deity Sree Seetharamaswami Varu of Komaragiripatnarn represented by its trustees five of them. The suit is field for partition and separate possession of plaintiff s half share of the suit schedule property after effecting partition of the said property into two equal shares and for rendering account by defendants 1 and 2.

( 3 ) THE plaint case is the temple of Sri Laxmaneswara Swamy Varu represented by its Managing Trustee who is added as 3rd defendant was an ancient temple but it has no sufficient income and one Kamarushi Venkata subbayya wanted to endow some property to the said Diaty for Kalyanotsavam and by that time the father of the plaintiff and other residents were constructing a temple of Sri Seetharamaswamy Varu and requested the said venkata Subbayya to endow the property to the Deity of Sri Seetharamaswamy varu also, and hence he executed a registered girft deed on 14-11-1935 in favour of both the temples, gifting the suit property of an extent of Acs. 2

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