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K. MANMADHA RAO
Ghantasala Venkateswara Rao, S/o Ananda Rao – Appellant
Versus
Asst. Commissioner, Endowments Department – Respondent
JUDGMENT :
As the issue involved in these appeals is one and the same, these matters are taken up together for disposal by this Common Judgment.
2. The facts in these appeals are similar and identical, therefore C.M.A.No.310 of 2023 is taken as lead case, and the facts therein are referred to for convenience.
3. The impugned application in O.A No.833 of 2013 was filed by the petitioners/respondents herein under Section 83 of A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987, for grant of eviction against the respondent/appellant herein directing to vacate and deliver vacant possession of the petition schedule landed property to the 2nd petitioner. The appellant herein is the respondent and the respondents are petitioners in O.A No.833 of 2013 on the file of A.P. Endowments Tribunal, Amaravathi (for short “The Tribunal”).
4. For the sake of convenience the parties hereinafter referred to as arrayed in O.A No.833 of 2013 on the file of the Tribunal.
5. The 2nd petitioner temple Sri Sobhanachala Swamy vari Devasthanam, Agiripalli, Krishna District is published under Section 6(b) of A.P. Act 30/1987 and is under the administrative control of the Deputy Commiss
The main legal point established in the judgment is the application of Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 to resolve ownership disputes a....
A person who continues to occupy the temple property even after the expiry of the lease period is an encroacher and liable to be evicted.
Without valid lease, mortgage, or license, continued possession of the property would render the person an encroacher under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions a....
The importance of documentary evidence and substantiation of claims in property disputes under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
The civil court's determination of property ownership takes precedence over eviction proceedings by the Endowments Tribunal, especially in light of concurrent appeals.
An exchange deed executed by alleged trustees of a deity without proper authority is valid under current jurisdictional provisions; the High Court's review is limited to substantial questions of law ....
The absence of a valid lease in the petitioner's name negates his claims to occupancy and challenges to eviction; eviction procedures under the Endowments Act must be strictly followed.
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