1. The unsuccessful plaintiff in Original Suit No.1 of 1987, on the file of Additional District Judge, Vizianagaram (For short, ‘the trial Court’), preferred this Appeal against the decree and judgment dated 08.02.1993.

2. For convenience of reference, the ranks given to the parties in O.S. No.1 of 1987 will be adopted throughout this judgment.

3. The plaintiff, J.R. Mritunjaya Singh, represented by his Power of Attorney Holder Sri K. Suryarao, filed suit before the trial Court under Section 78 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966) to set-aside the order dated 02.01.1986, passed in O.A. No.350 of 1973 by the Deputy Commissioner, Endowments Department, Kakinada, where under the temple known as Sri Ammagari Venkateswaraswami Vari Temple, Kotha Agraharam, Vizianagaram was declared as public temple.

4. During pendency of Appeal, Sri Kavalipati Suryarao died and Sri Gangaraju Ramaraju is brought on record as Power of Attorney Holder of Sri Gangaraju Ramaraju, as per Orders of this Court in C.M.P. No.2247 of 1998 dated 02.03.1998.

5. Aggrieved by the order dated 02.01.1986 passed in O.A. No.350 of 1973 by the Deputy Commissioner, Endowments, Kakinada, plaintiff filed the suit before the trial Court, which ended in dismissal confirming the order dated 02.01.1986, passed in O.A. No.350 of 1973 by the Deputy Commissioner, Endowments, Kakinada.

6. Late Sri Jayapal Kumarika Amma Saheba, Rajamatha, natural mother of Vizianagaram Zamindar, Sri Vijayarama Gajapathi Raju, with an intention to construct Vaishnava temple with her self-acquisitions, installed idol of Lord Sri Venkateswara Swamy Varu to perform daily poojas in her name, executed trust-cum-settlement deed dated 26.01.1938 in favour of her grandson, Dr. Sir Pusapati Vijayananda Gajapathi Raju, Maharaja Kumar of Vizianagaram, appointed him as hereditary trustee of the temple while providing cash for construction of the temple. The property settled in favour of the trust was only ‘streedhana’ property of Late Sri Jayapal Kumarika Amma Saheba, Rajamatha; she created trust for the benefit of the members of Vizianagaram Royal House exclusively, executing the trust deed dated 26.01.1938 stipulating a condition that poojas to the deity should be performed in her gothranama and the trustee should be hereditary.

7. In view of the settlement deed, keeping in mind, the intention of the donor, her daughter-in-law Smt. Lalita Kumari Devi Varu, Maharani Saheba of Vizianagaram, applied and got site of Ac.1.25 cents in T.S. Nos.139, 140 and 143 of Santhapeta Southward, Kotha Agraharam, Vizianagaram, granted by the Court of Wards, Madras in C.M.P. No.315, dated 23.03.1938, as by that time, Vizianagaram Estate was under the management of Court of Wards, Madras. Thus, the temple known as Sri Ammagari Venkateswara Swamy Vari Temple was constructed with the self acquisitions of donor and it is in private site. The 1st hereditary trustee of the temple Dr. Sir Vijayananda Gajapathi Raju filed an application in O.A. No.24 of 1956 before the Deputy Commissioner, Endowments, Mausilipatnam, under Section 57-A of the Act, seeking declaration that the temple is a private temple. After conducting necessary inquiry, the Deputy Commissioner, Endowments, Mausilipatnam, vide his order in O.A. No.24 of 1956 dated 24.07.1956 declared the temple as a private temple. After death of 1st hereditary trustee, Dr. Sir Vijayananda Gajapathi Raju, his eldest son, the plaintiff herein, became hereditary trustee of the temple in pursuance of the trust deed and managing the temple.

8. While managing the property, the plaintiff at the instance of Inspector of Endowments, Vizianagaram, and due to threat and coercion submitted a petition dated 30.07.1968 to the Deputy Commissioner, Endowments, Kakinada to declare him as hereditary trustee of the temple. on an erroneous impression. The Deputy Commissioner, Endowments, Kakinada vide his letter in R.C. No.7