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1957 Supreme(AP) 274

K.SUBBA RAO, RANGANADHAM CHETTY
Rameswara Das Bavaji – Appellant
Versus
Vuppuluri Purnachandra Rao – Respondent


Advocates:
B.V. Ramanarasu and D. Venkatappayya Sastri, for Appellants; G. Balaparameswari Rao, for Respondents.

Judgement

KANGANADHAM CHETTY, J. :

In this Second Appeal, Plaintiff and the second defendant are the Appellants. The suit (O. S. No. 237 of 1948) was filed before the District Munsif, Vijayawadu, by one Rameswaradas Bavaji describing himself as the Matadhipatni of the Brahmachari Bavaji Mutt at Bezwada, for a permanent injunction restraining the defendant Pumachandra Rao from interfering with his possession and enjoyment of the suit land as the head of the Mutt. Later, the plaint was amended by asking for possession.

2. Plaintiffs predecessor-in-office was one Gokuladas. He was the Mahant of the aforesaid Mutt for several years. During his tenure he granted a permanent lease to one Veerabhadra Rao, a benamidar for the defendants father. The father died and the defendant was claiming under the lease. While Gokuladas was functioning as the Mahant, the Endowments Board framed a scheme for the administration of the Mutt, appointed certain trustees and directed them to file a suit for cancellation of the lease. O. S. No. 179 of 1931 was the result.

It was decided therein that the lease could be valid only for the lifetime of Gokuladas. Gokuladas died. 8 months later the plaintiff claiming

































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