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 Commissioner, Endowments, Vijayawada and being managed by the Executive Officer concerned. The 2nd petitioner temple is the absolute owner of an extent of Ac 36.25 cents of wet land in R.S No.140 situated at Chinnamillipadu (Siddapuram Revenue village) Akiveedu Mandal of West Godavari District. While so, the respondent has illegally encroached into part of the above extent and has been cultivating the same and utilizing the income, without making any payment towards maktha to the 2nd petitioner temple. The occupation of the schedule property by the respondent is nothing but without any approval from Endowments authorities and as such it amounts to encroachment as contemplated under Section 83 of the Act 30/1987. In spite of repeated demands, the respondent did not choose to vacate and handover the vacant possession and therefore finally they got issued a notice dated 17.5.2013 demanding to vacate and deliver the possession within 15 days from the date of receipt of the notice. But the respondent did not choose to comply with the demand. Hence, the respondents herein filed O.A No.833 of 2013 before the Tribunal.

6. Per contra, the respondent/appellant filed counter and denied all the allegations made in the petition. It is submitted that the respondent/appellant does not come under the ambit of encroacher at all. As a matter of fact, Sri Raja Srimannarayana Apparao Bahadur being the Zamindar of Gollapalli estate was the original owner of the land and the founder of Agiripalli Devasthanam also. The said Sri Raja Srimannarayana Apparao Bahadur, as hereditary trustee of the Agiripalli temple, transferred the land of an extent of Ac.36.25 cents in Demarcation No.140 old S.No.173 of Siddapuram Revenue Village of Akiveedu Mandal for a Nazarana consideration of Rs.5,000/- for the absolute necessity and benefit to the temple and granted “Saswatha Zeroyiti Veesabadi patta” on 12.5.1928 and executed a registered deed dated 12.05.1928 to Sri Muppaneni Achhayya S/o Nagayya, H/o Gummuluru village with possession and enjoyment from generation to generation and is heritable and transferable with absolute rights of alienation by way of gift, sale or settlement etc., with a condition of payment of Rs.189- 12-0 annual in two equal installments to the temple towards cist, local cess, rail cess and education cess and in default, it is to be paid with interest @ Rs.1.00 per month.

7. It is further stated that the said Mup