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1956 Supreme(AP) 181

VISWANATHA SASTRY, SATYANARAYANA RAJU
Sri Madana Gopalaswamy Temple – Appellant
Versus
Saride Manikyam – Respondent


Advocates:
V. Parthasarathy, for Appellants; Ch. Sankara Sastri and T. Veerabhadrayya, for Respondents (Nos. 1 to 5).

Judgement

VISWANATHA SASTRI, J. :- These two appeals arise out of O. S. No. 65 of 1949 and O. S. No. 72 of 1950 on the file of the Court of the Subordinate Judge of Eluru. O. S. No. 65 of 1949 was filed on behalf of Sri Madana Gopalaswamyvaru of Ballipadu by its Executive Officer for a declaration of the title of the plaintiffs and recovery of possession of 19 acres, 85 cents of land from the possession of defendants 1 to 5 who claim a right to the possession and enjoyment of the lands as remuneration for rendering devadasi service in the temple and from their tenants defendants 6 to 14.

This suit was dismissed by the Court below. O. S. No. 72 of 1950 was filed by four plaintiffs (defendants 1 to 3 and 5 in O. S. No. 65 of 1949) against the Executive Officer for recovery of Rs. 360 being the value of the produce of lands alleged to be payable to the plaintiffs but unlawfully collected by the defendant. This suit was substantially decreed by the Court below. The deity represented by the Executive Officer is the appellant from the decree in the two suits which were decided by a common judgment. In this judgment the parties will be referred to by their ranks in O. S. No. 65 of 1949.

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