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1929 Supreme(Mad) 33

RAMESAM
(Chodavarapu) Subha Rao – Appellant
Versus
Veeranjaneyaswami – Respondent


JUDGMENT

Ramesam, J.

1. These appeals arise out of the same original suit, O.S. No. 61 of 23, on the file of the Principal Subordinate Judges Court of Masulipatam. The plaintiff sues as the trustee of Sri Veeranjaneyaswamuluvaru temple at Gudivada. Defendant 1 is in possession of item 1, defendant 2 is in possession of item 2 and defendants 3 and 4 are in possession of items 3 and 4, these being the four items which are the subject matter of the suit. The plaintiffs adoptive father Kameswara Pakayya and his father one Brahmaraju, endowed certain lands belonging to them in Gudivada for the purposes of the temple. They built the temple in 1886 and conducted it for three years. In 1889 they executed a gift deed Ex. A, by which they endowed the suit land for the purposes of the temple, making themselves dharmakarthas. The document shows that some portions were intended to be built upon. A thatched house was built upon item 1 in 1893. Afterwards, some time in 1905 it was replaced by a tiled house: vide D.W. 1. The evidence shows that from the beginning there was an intention on the part of Brahmaraju and Kameswara Rao to give item 1 to defendant 1 who is the brothers daughter of Kameswara











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