Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 17755

HIGH COURT OF ANDHRA PRADESH
SUMATHI JAGADAM
NALLURU ST. MATHEWS PUBLIC SCHOOL – Appellant
Versus
THE ASSISTANT COMMISSIONER AND 2 OTHERS – Respondent
CMA 375/2011

Advocates:
For the Appellants/Petitioners: Anil Kumar Dasari
For the Respondents: Kappera Koteswara Rao

The Endowments Tribunal under the AP Charitable and Hindu Religious Institutions and Endowments Act lacks jurisdiction to order eviction of a Christian minority school from land that is government property, especially when the trust claiming title fails to prove ownership under the Inams Abolition Act.

Headnote:(A) Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 43, 83, 84(2), 87 - Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Sections 3, 4, 7 and Section 2A (inserted by Amendment Act 20 of 1975) - Limitation Act, 1963 - Section 112 - Adverse possession - Registration Act, 1908 - Indian Evidence Act, 1872.

(B) An entry under Section 43 register does not confer title without proper enquiry and corroboration; for inam land, compliance with the Inams Abolition Act (production of ryotwari patta) is mandatory.

(C) Under Section 2A of the Inams Act, dry and waste inam land stands transferred to and vests in the Government free of all encumbrances.

(D) The Endowments Tribunal constituted under Act 30 of 1987 has no jurisdiction over a Christian minority institution, as the Act is specifically tailored for Hindu religious and charitable endowments. (E) Possession under an invalid deed of transfer becomes prima facie adverse to the true owner from the date of entry, and if continued for over 12 years, title by adverse possession may accrue. (Facts) The appellant, a Christian minority school, had been in continuous, open possession of 6.80 acres of inam dry land since 1971, having constructed school buildings after obtaining necessary permissions. The respondent trust, claiming to be the owner, obtained a Section 43 register entry in 2005 and issued a notice in January 2005 (prior to registration) demanding eviction. The Tribunal ordered eviction relying on the Section 43 entry. The High Court found that the trust failed to produce any title deed or ryotwari patta; the land being dry/waste inam vests in the Government; and the Tribunal lacked jurisdiction over the Christian minority school. (Issues) (i) Whether the Endowments Tribunal can order eviction of a Christian minority school from land that is prima facie Government property? (ii) Whether the Section 43 register entry is valid without proof of title under the Inams Act? (iii) Whether the appellant had perfected title by adverse possession? (Ratio Decidendi) The property, being inam dry/waste land, vests in the Government under Section 2A of the Inams Act; the trust’s claim of title is unsupported by any document; the Section 43 entry was made clandestinely without proper enquiry and after the notice; the Act 30/1987 does not apply to Christian institutions; therefore the Tribunal had no jurisdiction to entertain the eviction petition. (Result) Civil Miscellaneous Appeal allowed. Impugned judgment and decree dated 28.02.2011 in O.A. No.2164/2010 (old O.A.No.102/2005) set aside. No order as to costs. Pending miscellaneous applications closed.

JUDGMENT:

Does the Endowments Tribunal, constituted under an Act for Hindu religious institutions, possess the jurisdiction to order the eviction of a Christian minority school from land that is prima facie Government property?

This Civil Miscellaneous Appeal, instituted under Section 84(2) of the Andhra Pradesh Charitable and Hindu Religious, Institutions and Endowments Act, 1987 (Act 30 of 1987) is directed against the judgment and award dated 28.02.2011 in O.A. No. 2164 of 2010 (Old No. 102 of 2005 on the file of the Deputy Commissioner, Kakinada), as rendered by the Endowments Tribunal, Hyderabad.

2. The respondents, in their capacity as the original petitioners, instituted O.A. No. 102 of 2005. They sought action under Section 83 of Act 30 of 1987 against the appellant, with the objective of securing the eviction of Saint Mathew’s Public School from the premises known as Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada.

3. The appellant is currently in occupation of the land from which their eviction is sought. The respondents contend that the appellant has encroached upon the property belonging to Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada, a property duly published under Section 6(c)(i) of Act 30 of 1987. Aggrieved by the judgment and award passed by the Tribunal under Section 83(2) of the said Act, the appellant has preferred the present Civil Miscellaneous Appeal under Section 84(2) of Act 30 of 1987.

4. The parties to this appeal shall be referred to in accordance with their respective designations as they appeared before the Tribunal.

5. The petitioners' case is that the respondent was illegally allotted land measuring 6.80 acres in R.S. No. 90, situated at Patamata, Vijayawada. This allotment was made by the then Trustees of Nallurivari Saint Mathew’s Public School, a Christian organization. There exists no lease approval orders from the competent authority, nor did the Commissioner of Endowments, Andhra Pradesh, grant permission for the alienation of the site to the school authorities. Despite the issuance of a legal notice dated 06.01.2005 demanding the vacation of the site, the school authorities have not responded and continued to operate the school.

6. In response, the respondent filed a counter, contending that the petitioners lack the legal standing to file the petition, as they never assumed charge of the institution or its property. The respondent asserts that Sri Nalluri Vari Dharma Thota, Vijayawada is a private trust, with trusteeship being managed by members of the Nalluri family since its inception. According to the respondent, the trust's aims and objectives include promoting education by utilizing its properties to establish or support educational institutions, as well as constructing temples. The respondent avers that the institution dedicated an extent of 6.80 acres in R.S. No. 90 of Patamata village through a Dedication Deed dated 15.01.1971, delivering possession to the respondent as the donee of the property. It is stated that the respondent is an International Educational Institution founded to advance the cause of education by establishing educational institutions in India. Subsequently, the respondent constructed pucca buildings after obtaining plan approval from the Gram Panchayat, Patamata, around 1973, developed playgrounds, and erected a compound wall around the entire property. The school has since operated under the name 'Nalluri Vari Saint Mathews Public School', popularly known as N.S.M. Public School, Patamata. The school received official recognition vide Letter L.Dis No.5B 28/B1-3/74 dated 19.12.1974. The respondent further states that some land belonging to the institution was also donated to a Government Elementary School. Additionally, the respondent denies the petitioners' characterization of the property as vacant land and disputes the alleged rental assessment of Rs. 10,000/- per acre as neither true nor correct. The respondent also claims to have acquired title to the

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2025 Supreme(Online)(AP) 17755

HIGH COURT OF ANDHRA PRADESHSUMATHI JAGADAMNALLURU ST. MATHEWS PUBLIC SCHOOL – AppellantVersusTHE ASSISTANT COMMISSIONER AND 2 OTHERS – RespondentCMA 375/2011

Cases Referred (1)

HIGH COURT OF ANDHRA PRADESH
SUMATHI JAGADAM
NALLURU ST. MATHEWS PUBLIC SCHOOL – Appellant
Versus
THE ASSISTANT COMMISSIONER AND 2 OTHERS – Respondent
CMA 375/2011