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2026 Supreme(Online)(AP) 18019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

2026:APHC:17725

CIVIL MISCELLANEOUS APPEAL NOS: 163, 226, 227, 217, 224, 246, 242, 240, 202, 249, 241, 203, 205, 229, 201, 250, 247, 248, 228, 225, 243 OF 2020 & 80, 88, 112, 32, 50, 6, 87 OF 2021

THE HONOURABLE SMT JUSTICE V.SUJATHA

WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

The Endowments Tribunal lacks jurisdiction to adjudicate upon complex questions of title during summary eviction proceedings under Section 83 of the A.P. Charitable Religious Institutions and Endowments Act, 1987; such disputes must be determined by a competent Civil Court after a full-fledged trial.

Headnote:(A) A.P. Charitable Religious Institutions and Endowments Act, 1987 - Sections 83, 87 - Eviction of encroachers - Summary proceedings - Jurisdiction of Endowments Tribunal to decide title disputes - Held, tribunal cannot decide title disputes in summary proceedings - Burden of proof lies on the entity asserting title - Mere revenue records are insufficient to prove title without evidence - Parties directed to approach competent Civil Court.

Facts of the case:
The respondent trust filed applications under Section 83(1) of the Act, 1987, seeking eviction of the appellants from properties, claiming ownership. Appellants contested, asserting their own title and rights based on revenue documents and historical records. The Endowments Tribunal issued eviction orders without either party adducing oral or documented evidence.

Findings of Court:
The court held that the Tribunal erred in granting eviction decrees without the petitioner-institution discharging the burden of proof to establish its own title. The title dispute between the parties is a mixed question of fact and law requiring a full-fledged trial before a competent Civil Court, not a summary proceeding.

Issues: Whether the Endowments Tribunal has the jurisdiction to decide complex title disputes during summary eviction proceedings under Section 83 of the Act, and whether the respondent proved its title.

Ratio Decidendi: A plaintiff seeking declaration of title and possession must succeed based on the strength of its own evidence. Where there is a substantive dispute regarding property title, the Endowments Tribunal lacks the authority to adjudicate ownership in summary proceedings. Result : Appeals allowed.

CIVIL MISCELLANEOUS APPEAL NO: 163/2020

Between:

1. SRI DONKADA MRUTYUNJAYA RAO (DIED), SRI DONKADA MRUTYUNJAYA RAO (DIED)

2. SMT. D.PADMAVATHI, W/O. LATE MRUTYUNJAYA RAO, R/O. D.NO. 21-4-80, BOODI VEEDHI, RAMALAYAM, VIZIANAGARAM DISTRICT.

...APPELLANT(S)

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS FORT, Vizianagaram District.

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 226/2020

Between:

1. SRI PANDA KAMESWARA RAO, S/O. NITYANANDAM, AGED ABOUT 64 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town 86 Dist.

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 227/2020

Between:

1. SRI YERUKONDA RAMA RAO, S/O LATE VISWAM RAJU, AGED 92 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 80/2021

Between:

1. SMT.KARRI LAKSHMI, W/O KONDABABU, AGED ABOUT 61 YEARS, R/O KRISHNAPURAM, BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANASAS, Fort, Vizianagarm Town and District.

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 88/2021

Between:

1. SRI YADLA TRINADHANAIDU, S/O LATE NARASIMHULU, AGED ABOUT 50 YEARS, R/O RIO BODDAVALASA (V), DENKADA MANDAL, VIZIANAGARAM DISTRICT

...APPELLANT

AND

1. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, VIZIANAGARAM.

2. THE EXECUTIVE OFFICER, MANSAS TRUST, FORT, VIZIANAGARAM.

3. SRI YADLA NARASIMHULU, (DIED)

...RESPONDENT(S)

CIVIL MISCELLANEOUS APPEAL NO: 112/2021

Between:

1. MAJJI SATISH, S/O LATE MAJJI SURI BABU AGED ABOUT 35 YEARS R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

2. MAJJI RAJESH, S/O MAJJI SURI BABU AGED ABOUT 32 YEARS R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

...APPELLANT(S)

AND

1. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT VIIANAGARAM

2. THE EXECUTIVE OFFICER, MANSAS TRUST FORT VIZIANAGARAM

3. MAJJI SURI BABU, DIED

4. MAJJI SATYAVATHI, DIED

5. MAJJI SRINU, S/O LATE SURIBABU R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

...RESPONDENT(S)

CIVIL MISCELLANEOUS APPEAL NO: 217/2020

Between:

1. SMT.CHINNI KANAKA MAHALAKSHMI, W/O PRAKASA RAO, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 224/2020

Between:

1. SRI CHINNI SURYA PRAKASA RAO, S/O SURYANARAYANA, AGED ABOUT 57 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 32/2021

Between:

1. THOTA RAMARAJYAM, W/O APPA RAO, AGED ABOUT 60 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANASAS, FORT, VIZIANAGARM TOWN AND DISTRICT.

2. SMT ARAILA RAJYA LAKSHMI, W/O UMAMAHESWARA RAO, AGED ABOUT 63 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ( RESPONDENT NO.2 IS NOT NECESSARY PARTY )

...RESPONDENT(S)

CIVIL MISCELLANEOUS APPEAL NO: 246/2020

Between:

1. P.RAMA RAO, S/O POLAKI APPAIAH, AGED ABOUT 67 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

1. MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and District.

...RESPONDENT

CIVIL MISCELLANEOUS APPEAL NO: 242/2020

Between:

1. SMT.IMANDI LAKSHMI KUMARI, W/O SRINIVASA RAO, AGED ABOUT 50 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

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2026 Supreme(Online)(AP) 18019

Cases Referred (1)