K.N.WANCHOO, J.

(1) THE appeal is by special leave from the order of the Andhra Pradesh High court. The appellant has also filed a writ petition and as the two matters are connected, they will be dealt with together.

(2) THE appellant is Anant Prasad Lakshminivas Generiwal. He is also the petitioner in the writ petition and will hereafter be referred to as the appellant. The main respondents, who are also opposite parties in the writ petition, are the State of Andhra Pradesh and the Director of Endowments, Hyderabad. They will be referred to hereinafter as the respondents. The appellant claims to be the sole hereditary trustee and Mutwalli of the temple of Shri Sitaram Maharaj Sansthan and the subsidiary deity Shri Varadarajaswami, situate at Sitaram Bagh, in Hyderabad. In the earlier part of the nineteenth century, an ancestor of the appellant migrated to Hyderabad and carried on business there. He obviously prospered and in or about 1833 he built a temple at a cost of two lakhs of rupees and installed in it the idols of Shri Rama and other ancillary or subsidiary; deities and consecrated the temple for public benefit and worship. In 1841, one Maharaja Chandulal, a minister to the then Nizam granted a jagir consisting of the villages of Akolee and Bordee in Berar for the upkeep and maintenance of the temple. Later, however, these villages were resumed by the Nizam and two other villages were granted instead to the temple. It appears that these two other villages were also resumed, and the village of Bulgaon was granted to the temple in 1850. It also appears that though village Akolee was resumed, the resumption order was not carried out and that village continued in the possession of the temple,, so that since 1850 the temple has been in possession of the two villages for its upkeep and maintenance. In 1853, Berar was transferred to the British government of India by the Nizam and these two villages therefore came under the administration of the government of India. In 1859, some doubts arose about the title of the temple to the villages and there were enquiries under the Berar Inam Rules. Eventually, it was decided that the title of the temple was good and the villages had been assigned with the rest of Berar to the government of India for administration and that they had been granted in jagir for a religious object and their devolution was governed by Rule IV of the Berar Inam Rules. Thereafter inam certificates were issued with respect to these two villages in the name of Ramlal, son of Hargopal, who was described as the Manager of the jagirdar, Shri Sitaramji Maharaj of Akolee and Bulgaon. The purpose of the jagir was mentioned as `for charitable expenses of the temple of Shri Sitaram Maharaj situated in the Sitaram Bagh, at Hyderabad`. In the twentieth century there was considerable litigation between the members of the family of the founder as to the right of management of the temple. Eventually, it was decided in 1932 that Lakshminivas Generiwal, father of the appellant, was to be the manager of the jagirdar, and this decision was finally confirmed in 1933 by the governor of the central Provinces. The government of Hyderabad was trying all along to find out how the income of this jagir was being spent. But it was decided that it was the government of the central Provinces alone which had the right to call for accounts of the villages and was responsible to see that the conditions of the grant were fulfilled, and in 1941 this position seems to have been accepted by the government of Hyderabad.

(3) AFTER the Constitution came into force from 26/01/1950, the State of Madhya Pradesh took the place of the old central Provinces and Berar. The State of Madhya Pradesh enacted a law known as the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, No. 1 of 1951. In consequence of this law, the two villages were taken over by the State and statutory compensation was awarde