SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(AP) 185

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Kum. Shashikala and Others – Petitioners
Versus
Smt. Babita Sharma and Others – Respondents
Civil Revision Petition No. 4596 of 2017
Decided On : 02-05-2018

Advocates Appeared:
For the Petitioner: Sri. A. Narasimha Rao.
For the Respondent: Sri. Kishore Rai.

Headnote:code of civil procedure section 151, 0 V I I R 11 – Telangana charitable and Hindu religious institutions and endowments act 1987 section 87, 43, 38, 17, 15, 15, 17, 19, 18- sub-silentio Petitioners father was the chief priest of the temple – he used his own funds and was the founder member of the Temple – he was the trustee of the temple also – petitioner stated that will was executed by the father in her favour but was also upheld by the court – petitioner contended that she was appraised in the school records and the SSC certificate also stated her name, Junior College also stated her name as the daughter of the chief priest – daughter contended that she was in title to become a trustee by inheritance in the temple – appeal filed – "held that the temple is hit by the principal sub-silentio , there is no bar for a legal heir of a founding member to become the trustee of an institution – the descendants can continue to become successors to the endowment – petition is dismissed– Petitioner is allowed inheritance in the office.

ORDER :

1. The revision petitioner Nos. 1 to 5, are petitioners in I.A. No. 396 of 2017 in the pending O.A. No. 603 of 2012 before the Telangana Endowments Tribunal at Hyderabad and they were respondent Nos. 4 to 8 in the main OA supra. Respondent Nos. 1 to 3 in the main OA are the Assistant Commissioner of Endowments, Hyderabad, Regional Joint Commissioner of Endowments, Multi Zone-III, Hyderabad and Sri Bhagya Laxmi Temple, Charminar, Hyderabad. The OA petitioner Smt. Babita Sharma, daughter of late Mahant Ram Chandra Das is the 1st respondent to the I.A. No. 396 of 2017 before the Tribunal vis-a-vis to the revision petition herein. The revision is maintained against the order of the Tribunal in I.A. No. 396 of 2017 supra dated 30.08.2017, dismissing the application of the revision petitioners/OA respondents 4 to 8 under Order 7 Rule 11(d) r/w Section 151 CPC for rejection of the O.A. No. 603 of 2012 supra.

1(a). O.A. No. 603 of 2012 filed by said Smt. Babita Sharma against above referred eight respondents including the revision petitioners as referred supra is under Section 87(1)(h) of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short the Act) [by substitution of the word Telangana for the words Andhra Pradesh vide G.O.Ms. No. 37, Revenue (Endowments-I) Department, dated 01.11.2014 in adopting the Andhra Pradesh Act No. 30/1987 as was applicable to the Telangana Region also earlier by applying to the separate State therefrom with effect from 02.06.2014].

1(b). The prayer in the main O.A. No. 603 of 2012 filed on 20.11.2012 is to declare the petitioner herein as member of the founder family of Sri Bhagya Laxmi Temple, to set aside the declaration given in favour of respondent Nos. 4 to 8 in the proceedings No. E/1424/1998 dated 24.11.1998 of the Assistant Commissioner of Endowments, Hyderabad, that is confirmed by the Regional Joint Commissioner of Endowments, MZ-III, Hyderabad, passed in RPS No. 32/1998 and 5/1999 vide common order dated 30.10.2000 by declaring respondent Nos.4 to 8 as if members of the founder family of Sri Bhagya Laxmi Temple and pass such other order or orders as the Endowments Tribunal may deem fit and proper. The cause of action mentioned as earlier writ petition impugning the revision order supra filed by her in W.P. No. 3024 of 2001 that was disposed of on 24.07.2012 directing the OA petitioner to approach the Endowments Tribunal under Section 87(1)(h) of the Act to agitate her rights to avail said remedy sought.

1(c). The averments in the main petition show that the subject temple was constructed by the OA petitioners father Sri Mahant Ram Chandra Das with his own funds as its founder that is also indicated in the column No. 4 of Section 43 register of the Temple as hereditary trustee and founder and the petitioner being the daughter of the founder got right of the succession to certify, that the founder Mahant Ram Chandra Das (her father) executed will in her favour that was upheld by the civil Court including for withdrawal of the FDs that was on contest and she is daughter of the founder testator supra is also borne by school record and SSC certificate and bona-fide certificate of intermediate issued by the Junior College and said will was marked as Ex.A1 in O.P. No. 1594 of 1995 for withdrawal of the FDs in the name of Sri Mahant Ram Chandra Das from the Bank as successor in interest to him being the legatee despite respondent No. 7 to the present OA as respondent No. 4 to the O.P. No. 1594 of 1995 mainly contested and the matter also went to the High Court in CMA No. 3625 of 2003 and there was conclusion in upholding the will Ex.A1 for her entitlement therefrom to the FDs. The OA (respondent No. 7) who contested the matter referred supra also relied on Ex.B1 said to have been executed by Ram Chandra Das at the time of adoption of father of respondent Nos.4 to 8 which document is not registered and is a fabricated one and thereby it was not believed. Howev



























































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top