This Civil Miscellaneous Appeal arises out of Award dated 17-2-2012 in O.A. No.1442 of 2010 on the file of the A.P. Endowments Tribunal, Hyderabad (for short “the Tribunal”).

The concise facts leading to the filing of this appeal are stated hereunder:

Respondent No.1 approached the Deputy Commissioner, Guntur, under Section 87(1)(h) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the 1987 Act”) for declaring him as a Member of the Family of the Founders of Sri Vallabharayeswara Swamy Temple, Pamidipadu Agraharam Village, Narasaraopet Mandal, Guntur District (for shout “the Temple”). Respondent No.1 has stated in his application that the Temple was founded and established by his ancestors in the year 1050 with their own funds and in their own land and they have managed the Temple as Hereditary Trustees for generations by performing daily services, celebrating necessary utsavams and carrying on the Temple affairs without any blemish; that the Inam Fair Register dated 17-11-1860 shows the land was endowed by respondent No.1’s fore-fathers in favour of the Temple; and that column no.4-A of the Property Register of the Temple contains the names of his fore-fathers as Hereditary and Managing Trustees, including Bellamkonda Hanumantha Rao. Respondent No.1 therefore pleaded that as he belongs to the Founder Family, he is entitled to be declared as such.

The appellant was arrayed as respondent No.1, represented by its Managing Trustee Jalasutram Venkata Subbaiah, in the application filed by respondent No.1 herein before the Deputy Commissioner.

The Managing Trustee of the Temple i.e., Jalasutram Venkata Subbaiah, filed a counter-affidavit opposing the application filed by respondent No.1 before the Tribunal. He has denied the claim of respondent No.1 that his fore-fathers founded the Temple on their land and with their own money. He has further pleaded that the Property Register of the Temple approved in the year 1959 by the Deputy Commissioner of Endowments, filed by respondent No.1 mentioned that Bellamkonda Venkateswara Rao was the previous Trustee; that the Deponent has been in management of the Temple for the last 48 years; and that Garuda Vahanam and Hanumantha Vahanam were donated by Bellamkonda Venkata Subbamma w/o. Kesava Rao. It was further pleaded that as per the recent amendments made to the Act by way of Act 27 of 2002, respondent No.1 has to prove that the Temple was constructed by their ancestors in their own land and with their own funds without collecting any donations and that respondent No.1 is the agnatic descendant of the founder and his ancestors were recognised by the competent authority as the members of the founder family. While pleading that respondent No.1 failed to satisfy the provisions of the 1987 Act, as amended by Act 27 of 2002, the Managing Trustee of the Temple sought for dismissal of the application.

After constitution of the Tribunal, the case was transferred to it from the file of the Deputy Commissioner, Guntur.

Having regard to the rival pleadings, the Tribunal framed the following Points:

(1) Whether the petitioner is entitled to be recognised as Member of Founder Family of the subject temple under Section 87(1)(h) r/w. 15-19 of the Act 30/1987 and if so with any others?

(2) To what relief?

Before the Tribunal, respondent No.1 examined himself as PW-1 and got Exs.P-1 to P-9 marked on his side. On behalf of the appellant, its Managing Trustee-Jalasutram Venkata Subbaiah, examined himself as RW-1 and marked Exs.R-1 to R-14. On a consideration of the oral and documentary evidence, the Tribunal allowed the application filed by respondent No.1 and declared him as a Member of the Founder’s Family of the Temple.

Sri Ghanta Rama Rao, learned Senior Counsel appearing for the appellant, made the following submissions:

(1) The application filed by respondent No.1 before the Deputy Commissioner/Tribunal itself is not maintainable as the Temple was in exis