The appellants filed O.S.No.219 of 1995 in the Court of Principal Junior Civil Judge, Addanki, challenging the order, dated 22.09.1995 passed by the Assistant Commissioner of Endowments, Ongole, Prakasam District, the 2nd respondent herein, appointing a Fit Person for the 1st respondent, on the assumption that it is a charitable institution. The appellants pleaded that an extent of Acs.2.52 cents of land was endowed subject to certain conditions, viz., that it would be available for public as long as tamarind trees thereon exist; and that they were entrusted with the duty to maintain it. According to them, the tamarind trees disappeared. It was stated that when suo moto proceedings were initiated by the Inams Deputy Tahasildar of the area, they have put forward their case, and taking the same into account, the Deputy Tahasildar held that the land does not belong to any charitable institution. It was their case in the plaint that over the period, they have purchased the shares of different persons and became absolute owners. Their plea was that the 2nd respondent does not have the jurisdiction to appoint a Fit Person, vis-à-vis a private property.

2. The suit was contested