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1952 Supreme(Mad) 268

KRISHNASWAMI NAYUDU, SATYANARAYANA RAO
Paturi Venkata Narayana (died) – Appellant
Versus
Sunkara Lakshmaiya (since deceased) and others – Respondent


Advocates Appeared:
C. Rama Rao, for G. Venkatarama Sastri, for Appellants; K. Kotayya, for Respondents.

Judgement

SATYANARAYANA RAO, J. :- The plaintiffs who were successful in the trial Court but lost the suit in the appellate Court are the appellants in the second appeal.

2. The suit was for an injunction restraining the defendants from starting proceedings to dismiss from service the plaintiffs on the ground that they are not reciting swastivachakam daily. The defendants are the trustees of Sri Rajagopalaswamivaru temple at Dhulipudi, The plaintiffs appellants hold an inam of the extent of 14 acres and 49 cents in the said village which was admittedly granted by a previous zamindar for reciting swastivachakam. in the temple. On 6-10-1943 the trustees issued a notice requiring the plaintiffs to recite swastivachakam daily and in default they threatened to dismiss them. The plaintiffs therefore instituted the present suit on 19-10-1943. Their case in short is that the grant of the inam was to them burdened with service, namely, the recital of swastivachakam in the temple and was not a grant at the temple over which the trustees would have jurisdiction. In other words, they contend that they are not the servants of the temple as contended by the trustees and that therefore the trustees











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