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Andhra Pradesh High Court
Judges : A.V.KRISHNA RAO, S.OBUL REDDY
Vallabharana Swami Varu (Deity) of Swarna - Appellant
Versus
Devi Hanumacharyulu - Respondent
Decided On : 03-21-67
RELIGIOUS ENDOWMENT - INAM GRANT - CONSTRUCTION OF INAM FAIR REGISTER AND TITLE DEED - PERSONAL GRANT BURDENED WITH SERVICE - NO TITLE IN DEITY TO RECOVER POSSESSION.
Fact of the Case:
The suit was filed by the appellant, Sri Vallabharayaswamy Varu (Deity of Swarna Village, Bapatla Taluk, Guntur District), on behalf of the temple, claiming possession of the plaint schedule properties, moveable properties, rendition of account of profits for ten years, and damages for cost of pati earth appropriated by the defendants. The defendants, who are Archakas of the temple, contended that the suit lands do not constitute an endowment in favor of the plaintiff Deity, that the lands were granted to their ancestors personally burdened with the service of maintaining Akhanda Deepam in the suit temple, and that the plaintiff is not entitled to dispossess them from the lands to the possession of which they are entitled in law.
Finding of the Court:
The Court below, on consideration of the entire evidence, concluded that the lands described in items 1 to 5 of the plaint A Schedule were granted to the ancestors of the defendants burdened with service and that they do not constitute the endowment of the temple. Regarding item 6 of the Plaint A Schedule, the Court below held that the plaintiff failed to establish its title, there being no documentary evidence in support of the plaintiff's title. With respect to item 7, which is a vacant site adjoining the temple, the defendants conceded that they have no claim on the said property. With respect to the moveable as per B Schedule, the Court below held that except item 2 for which there is no proof, the articles belonged to the Deity and while holding that they are necessary for the worship of the Deity, the Court below upheld the title of the plaintiff to the said articles.
Issues: 1. Whether the lands described in items 1 to 5 of the plaint A Schedule were granted in favor of the temple as contended by the plaintiff or in favor of the ancestors of the Archakas burdened with service as contended by the defendants. 2. Whether the moveable as per B Schedule belonged to the Deity or not.
Ratio Decidendi: 1. The Court held that the entries in the Inam Fair Register and the Title Deed Ex. B. 10 granted at the time of the Inam Commission Enquiry clearly indicate that the inam was granted to the Archakas burdened with service and not to the Deity. 2. The Court further held that the use of the word "Devadayam" in the grant does not by itself import that the grant was in favor of the institution, but it only signifies that it is a gift for the purpose connected with religion. 3. The Court also held that the mere fact that column 22 of the Inam Fair Register does not mention the name of the individual in whose favor the inam is to be confirmed does not conclude the matter in view of the fact that column 21 of the Inam Fair Register contains a clear recommendation that the inam should be confirmed to an individual. 4. The Court further held that the recommendations contained in the Inam Fair Register have to be read along with the recitals in the inam title deed which was issued as a result of the inam proceedings. 5. The Court also held that the description of the inam as Devadayam Pagoda inam in the title deed is not indicative of the fact that it was granted to the Deity. It should be construed in the same manner as the word "devadayam" occurring in the inam fair Register is construed, namely that it is only for a religious purpose.
Final Decision: The appeal was dismissed with costs, and the Writ Petition was allowed, directing the issue of a Writ in the nature of Mandamus restraining the respondents from levying contribution against the lands in the possession of the petitioner.
( 1 ) THE appellant in this appeal is Sri Vallabharayaswamy Varu (Deity of Swarna Village, Bapatla Taluk, Guntur District) on whose behalf the suit O. S. 22/59 (originally instituted in forma pauperis as O. P. 44/47) was filed in the Court of the Subordinate Judge, Bapatla for recovery of possession of the Plaint A Schedule immoveable properties of a total extent of Ac. 92. 00 consisting of wet and dry lands in Swarna Village, moveable properties as per Plaint B Schedule or their value thereof, for rendition of account of profits for ten years and also for recovery of damages of Rs. 1,500. 00 towards cost of pati earth said to be appropriated by the defendants with a further prayer for future profits. The case of the plaintiff is that the plaint schedule properties belonged to the Deity. that they were endowed to the Deity and that the defendants who are Archakas of the temple have no title to remain in possession thereof. The defendants contended that the suit lands do not constitute an endowment in favour of the plaintiff Deity, that the lands were granted to their ancestors personally burdened with the service of maintaining Akhanda Deepam in the suit temple. and that the plaintiff is not therefore entitled to dispossess them from the lands to the possession of which they are entitled in law. The Court below on a consideration of the entire evidence I the case. came to the conclusion that the lands described in items 1 to 5 of the plaint A Schedule were granted to the ancestors of the defendants burdened with service and that they do not constitute the endowment of the temple. Regarding item 6 of the Plaint A Schedule, the Court below held that the plaintiff failed to establish its title. there being no documentary evidence in support of the plaintiffs title. With respect of item 7 which is a vacant site adjoining the temple the defendants conceded that they have no claim on the said property. With respect of the moveable as per B Schedule, the Court below held that except item 2 for which there is no proof. the articles belonged to the Deity and while holding that they are necessary for the worship of the Deity. the Court below upheld the title of the plaintiff to the said articles. In view of the above findings, the Court below decreed the suit only with respect of item 7 of the A Schedule and moveable as per the B Schedule excepting item 2, with proportionate costs and the suit was dismissed with respect to the lands covered by items 1 to 6 and also with respect to the relief for accounting. The above appeal has therefore been filed on behalf of the plaintiff-Deity claiming various reliefs which were negatived by the lower Court.
( 2 ) THE main question which falls for determination in this appeal is whether items 1 to 5 of the plaint A Schedule were granted in favour of the temple as contended on behalf of the plaintiff or in favour of the ancestors of the Archakas burdened with service as contended by the defendants. This question turns upon the construction of the various entries and recitals in the Inam Fair Register Ex. A. 2 and the Title Deed Ex B. 10 granted at the time of the Inam Commission Enquiry. Column 1 relating to the class of inam shows that it is Devadayam. It is now settled law that this entry by itself is not conclusive and that it merely signifies that it is a religious grant. Columns 3 to 5 relating to the extent of the inam show that the excess which stood over for 50 years and the excess extent which was found for a period of another 30 years was noted and shown as included in the total extent of the grant. Column 8 shows that it is Devadayam for the Archakatwam service or rendering daily worship to the Akhandam or maintaining lamp, Column 10 shows that it is hereditary. In Column 11, referring to the name of the grantor. it is stated that the name of the grantor is unknown. From the entries in Column 12, we find that the original sanad has not been placed before the Inam Commission
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