J U D G M E N T

1. Heard Sri. K. Sandeep, learned counsel representing Sri M. Venkata Narayana, learned counsel for appellant and Sri Kurapati Srinivasa Rao, learned Assistant Government Pleader for appeals and arbitration.

2. Impugning the order passed by the Andhra Pradesh Endowments Tribunal at Hyderabad in O.A.No.1356 of 2010 (O.A.No.16 of 2009 before DC-Guntur) dated 17.08.2011, the unsuccessful petitioner preferred this appeal.

3. Grounds of the Appeal are succinctly thus:

(i) Having given finding that the father of the appellant Sri T.V.H. Koteswara Rao was appointed as trustee, by duly recognizing him as son of Tammana Ankamma Sreshty, the tribunal erred in dismissing the petition to declare him as member of the family of founder.

(ii) There is observation to the effect that Venkata Subbamma, who is the wife of Ankamma Sreshty also acted as hereditary trustee as per the contents of Ex.P1-Will. Petitioner’s father was also appointed as hereditary trustee, which is long prior to explanation 1 to 3 to Section

17 of the Act which came into force w.e.f., 2008.

(iii) Appellant is fully qualified as per Section 15 of the Act read with Section 18 to declare him as family member of the fou