MANOHAR PERSHAD
Chunduru Chenchuramaiah Sett – Appellant
Versus
Deputy Commissioner, Hindu Religious and Charitable Endowments, A. P. Kurnool – Respondent
( 1 ) THIS appeal is on behalf of the unsuccessful plaintiff, whose suit under Section 62 of the Hindu Religions and Charitable Endowments Act for declaration that item 1 of the schedule was the absolute property of the members of the Chunduru family and the performance of the charities mentioned in the document dated 18-12-1887 was only a charge on the income thereof and that item 2 of the schedule was the absolute property of his family and not part of the specific endowment, has been dismissed by the Subordinate Judge, Nellore on 27/02/1961.
( 2 ) THE allegation of the plaintiff-appellant was that item 1 of the plaint schedule bearing old S. No. 405 was a tope jointly belonging to the members of Chunduru family, of Nawabpet that the family then consisted of five branches, that on 18-12-1887 the members of Chunduru family executed among themselves a registered agreement to the effect that from the income of the tone, ubhayams or the performance of Mukkoti Ekadasi and Dwadasi in Sri Ranganadhaswami temple Nellore should perpetually be performed and that the existing trees in the tope might be cut and sold away if they become old and useless and new trees be pla
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