SESHACHALAPATHI, J.

( 1 ) THIS Second Appeal arises out of a suit (O. S. No. 49 of 1955, Sub court Kakinada) filed by the managing trustee of Sri Venugopalaswamyvaru Devastlninam of Viravada, for the recovery of a sum of Rs. 5,517-4-6 being the rent due in respect of the temple lands demised to the 1st defendant. The circumstances under which the suit was filed are briefly these :--

( 2 ) ON 19-3-1950, the then trustees of Devasthanam caused a public auction to be held for leasing out an extent of 11-69 acres of the temple lands for four years, Vikruty, Khara, Nandana and Vijaya. The 1st defendant was highest bidder. The sale of the lease hold was, therefore knocked down in his favour. He executed a registered muchilika (Ex. A-l) on 18-4-1950 covenanting to pay Rs. 2,890/- per year, and entered upon the demised lands. He paid the rent for Vikruty, though beyond the stipulated lime. He did not pay the rent for the year Khara. The Board of Trustees of the Devasthanam authorised the then managing trustee (the second defendant in this suit) to take action against the 1st defendant for realising the arrears of rent. Accordingly he instituted O. S. No. 51 of 1953, on the file of the Distr

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