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1948 Supreme(Mad) 366

VISWANATHA SASTRI
Samayamanthula Parvata Vardhanamma – Appellant
Versus
Villa Subba Rao – Respondent


Advocates:
P. Somasundaram and K. Ramamurthi for Petitioner.
M. Seshachalapathi and C. Rama Rao for Respondents.

Judgment

The third respondent in the lower Court seeks to have the order of the District Judge of East Godavari in O.P.No.11 of 1946 set aside in revision. Sri Visweswaraswami Temple of Inavilli village owned lands of an extent of 2 acres 18 cents in the vicinity of the village fit for building sites. The third respondent owned an extent of 1 acre 60 cents of wet land in a neighbouring village. By an order of the Hindu Religious Endowments Board passed under section 76, Madras Act II of 1927 dated 19th March, 1945, sanction was accorded to an exchange of these properties as between the temple and the third respondent, on the ground that the exchange was beneficial to the temple. It appears that this exchange was sanctioned on the assumption that the property of the temple sought to be alienated by way of exchange was worth about Rs.1,500. The deed of exchange was duly executed on the 24th of August, 1945 by the executive officer of the temple and the third respondent. On 22nd January, 1946 O.P.No.11 of 1946 was filed in the District Court of East Godavari by two persons interested in the temple for cancelling the order of the Hindu Religious Endowments Board dated 19th March, 1945,





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