JUDGMENT :

D.V.S.S. SOMAYAJULU, J.

1. This appeal is filed by the first defendant against the judgment and decree dated 23.12.1997 in O.S. No. 6 of 1985 passed by the III Additional District Judge, Vijayawada.

2. The suit O.S. No. 6 of 1985 was filed by the plaintiff-Assistant Commissioner of Endowments, Vijayawada against the two defendants viz. (i) Sri Vigneswara Swamy Devasthana Sangham and (ii) the Deputy Commissioner of Endowments, Kakinada to set aside the order dated 29.06.1989 of the second defendant in O.A. No. 89 of 1979, which was filed for a declaration that the first defendant Sangham and its properties are not a Public Charitable and Religious Institutions governed by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 17 of 1966.

3. The averments of the plaint in brief are that on 06.08.1999 the first defendant Sangham was published/declared under Section 6(c)(i) of the Act 17 of 1966 by the Commissioner of Endowments as a Charitable Institution. The Committee of the first defendant Sangham used to submit their budget every year and obtain sanction of the Endowments Department and also pay necessary contribution to the Department. The Asst.