Supreme Court of India
JAMMI RAJA RAOversusANJANEYASWAMI TEMPLE VALU ETC.
- Citation
- 1992 INSC 67
- Decided
- 6 March 1992
- Disposal
- Dismissed
- Bench
- M FATHIMA BEEVI
Holding
The suit temple is a public temple and the appellant is not a hereditary trustee; he also did not acquire title by adverse possession before the statutory cut‑off date.
Summary
The appellant claimed that the Sri Anjaneya Swami temple at Valuthimmapuram was a private family temple and that he was its hereditary trustee, seeking declaration and possession of the temple lands. The Board of Commissioners and the trial courts held the temple to be a public religious trust and dismissed his claim, a finding affirmed by the High Court. The Supreme Court examined whether the temple was private or public, whether the appellant proved hereditary trusteeship, and whether he acquired title by adverse possession before the statutory cut‑off date of 30 September 1951 under s.103 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966. Relying on the Inam Register entries, oral evidence of public worship, and the presumption of public status in the former Madras Presidency, the Court upheld the lower courts' finding that the temple is public and the appellant is not a hereditary trustee, and held that he did not acquire title by prescription. The appeals were dismissed.
Issues considered
- The nature of the suit temple: whether it is a private family temple or a public religious trust under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966.
- Whether the appellant established his claim as hereditary trustee of the temple.
- Whether the appellant acquired title to the temple lands by adverse possession (prescription) under s.103 of the 1966 Act, considering the relevant date of 30 September 1951.
- Whether the limitation provisions of the Limitation Act, 1963 and the specific exemption clauses in s.94 of the 1951 Act and s.103 of the 1966 Act apply to bar the appellant's claim.
Legislation cited
Subjects
private templepublic templehereditary trusteeadverse possessionprescriptionlimitationAndhra Pradesh Endowments ActInam Registerreligious endowment
Judgment
JAMMI RAJA RAO A
v.
ANJANEYASWAMI TEMPLE VALU ETC.
MARCH 6, 1992
[M. FATHIMA BEEVI AND S.C. AGRAWAL JJ.] B
Andhra Pradesh Charitable and Hindu Religious Institutions and En-
dowments Act, 1966.
Section 77-Temple-f'ublic or private-Test of detennination-What C
is--Entries in the Inam Register-Evidentiary value of
Section 103--Temple-Claim for adverse possession-Limita-
tion-Relevant date for considering whether right acquire by prescrip-
tion-What is.
D
Constitution of India, 1950: Article 136
Appeal by special /eave-Concurrent finding of fact-Power of Supreme
Court to interfere with.
The appellant's father filed an application under sections 18 and 84 E
of the Madras Hindu Religious Endowments Act, 1926 claiming that Sri
Anjaneya Swami Temple situated at Valuthimmapuram in Peddapuram
Taluk East Godavari District of Andhra Pradesh, was private temple and
that he was the hereditary trustee- of the same. By its order dated 30th
March, 1935 the Board of Commissioners dismissed the application hold- F
ing that the said temple was a public temple. Thereafter he filed a petition
in the Court of District Judges, East Godavari for setting aside the Board's
orde~ but later withdrew it because he was appointed a trustee of the
temple by the Board. He remained in possession of the temple and the
properties attached to it till his death in 1946. Thereafter, the appellant
came in possession of the same. He filed an application under section 57 G
of the Andhra Pradesh (Andhra Area) Hindu Religious and Endowments
Act, 1951 (later replaced by 1966 Act) praying that the temple be deter-
mined as a private temple and that he should be declared its hereditary
trustee, Manger-cum-Archaka. By its order dated August 30, 1969, the
Deputy Commissioner, Endowments, Kakinada dismissed the application H
47
48 SUPREME COURT REPORTS [1992] 2 S.C.R.
A holding that the appellant was not able to establish his exclusive right over
the suit temple and that there was no evidence to show that the trusteeship
of the temple was a hereditary one.
The appellant filed a suit in the Court of District Judge East
Godavari for setting aside the Dy. Commissioner's order dated August 30,
B 1969 contending that :(i) the idol in the temple was installed by his
ancestors for exclusive worship of their family and there were no wor-
shipers from the public; (ii) .the trusteeship management and archakatvam
vests solely in their family ever since the inception of the temple and no
outsider has succeeded to ti• .office even by appointment; (iii) that his
c father was guilty of negligence in prosecuting the proceedings before the
Board and the District Judge; fie had no authority to withdraw the petition.
Consequently the acts of his father were not in any manner binding OJt.his
successor trustees.
The Executive Officer of the temple also filed a suit fo.r recovery of
D possession, ejection of the appellant and for a direction to the appellant
to· render true and proper accounts of the net proceeds realised by the
appellant from the suit lands.
By its common judgment dated January 10, 1972 the District Judge
B dismissed the appellant's suit and decreed the Executive Officer's suit
holding that the temple was a public temple and the appellant was not a
hereditary trustee of the temple. The appellant was also directed to render
accounts of the net income realised from the temple. Against the judgment
of the District Judge appeals were filed in the High Court which dismissed
F
the appeals holding that the documentary evidence - the partition deed
and will executed by the predecessors of the appellant's father and extracts
from the register prepared under section 38 of the 1926 Act by the
-
appellant's father - does not e~'tablish the appellant's case.
In the appeals ·to this Court it was contended on behalf of the
G appellant that: (i) the High cou11 erred in holding that the suit temple was
a public and not a private temple and in arriving at the said finding the
High Court has neither applied the correct test no1· has llroperly con-
sidered the material documents produced by the appellants; (ii) the fact
that the suit temple is situated in the private residential house of the
appellant has not been considered by the High Court; (iii) even if the suit
H temple is held to be a public temple the appellant has acquired title over
RAJA RAO v. TEMPLE VALU 49
the suit properties by prescription inasmuch as after his father's death the A
appellant was in poss~ssion of the property in his own right and the suit
filed by the Executive. Officer of the temple was barred by limitation; and
(iv) the partition deed executed by predecessors of the appellant's father
show that there was only a partial dedication of the property in favour of '
the deity. Therefore the property retained its private character.
B
Dismissing the appeals, this court,
HELD: 1. The finding recorded by the High Court· that the suit
temple is a public temple and not a private one and that the appellant has
failed to establish his case that he is a hereditary trustee of the same is
upheld. The said finding is a fir.ding of fact found by the trial court as well
c
as the High Court. It is not open to further scrutiny by this Court unless
it suffers from an error of law. [650-F]
Narayan Bhagwantrao Goasavi Balajiwale v. Gopal Vinayah
Goasavi, [1960] 1 SCR 773, referred to. D
1.1 It cannot be held that the High Court was not justified in
preferring to place reliance on the entries in the Inam Register as com-
pared to documents executed by the members of the appellant's family and
the register prepared by the father of the appellant after his appointment 1
as a trustee under the Madras Hindu Religious Endowments Act, 1926. · E
[61G-H]
Arunachellam Chetty v. Venkatachalapathi Guruswamigal, (1919) 46
I.A. 204; Narayan Bhagwantrao Goswavi Balajiwale v. Gopal Vinayah
Gosavi, [1960] 1 SCR 773 and The Poohari Fakir Sadavarthy of Bon-
dilipuram v. The Commissioner, Hindu Religious and Charitable Endow-
F
ments, [1960] Suppl. (2) 276, referred to.
2. It is clear from the record that the temple in the residential house
of the appellant is different from the suit temple and the suit temple is not
situated in the residential house of the appellant. [58-B] G
Deoki Nandan v. Murlidhar, [1956] SCR 756, referred to.
3. The mere fac~ that the public is allowed to visit a temple or
,.._ thakurdwara cannot necessarily indicate that the trust is public as op-
posed to private. If the endowment was in favour of the idol itself proof of H
50 SUPREME COURT REPORTS [1992] 2 S.C.R.
A user by the public without interference would be cogent evidence that the
dedication was in favour of the public. [64F-G]
Babu Bhagwan Gir v. Gir Har Saroon, (1969) 67 IA 1; Deoki Nandan
v. Murlidhar, (1956] SCR 756, referred to.
B 3.1 The entries in the Inam Registers indicate that the dedication in
the present case was in favour of the idol. They indicate that the lands
attached to the suit temple were entered in the Registers as property orthe --..,,(_
deity. [64G, 62H, 63'-A]
4. While considering the question whether the suit temple is a public
C temple or a private temple, it cannot be ignored that the suit temple falls --'If _,.
in the area which was formerly part of Madras Presidency. In the greater
part of the Madras Presidency, . where private temples are practically
unknown, the presumption is that temples and their endowments form ~~
public relig!ous trusts. Exception is made in respect of Malabar, where the
D large tarwads often established private temples for their own use and there
is no presumption one way or the other. (64-H, 65A-B]
Mundancheri Koman v.Achutan Nain & Ors., (61) I.A. 405, referred to.
5. So far as Tamil Nadu is concerned there is initial presumption
E that a temple is a public one, it being up to the party who claims that it is
a private temple, to establish that fact affirmatively and this initial
presumption must be rebutted by clinching testimony. In the instant case,
the said presumption, instead of being rebutted by the appellant, is rein-
forced by the entries in the loam Registers as well as by the oral e\·idence
F
with regard to public having free access to the suit temple for the purpose
of worshipping the deity. [65B-D}
......
T. V.Mahalingu Iyer v. The State of Madras & Anr., AIR 1980 SC 2036,
referred to. _
1
6. The suit temple falls in the Andhra Area of the State of And.bra
G Pradesh and in view of s.103 of the Andhra Pradesh Charitable and Hindu
Religious"'Tnstitutions and Endowments Act, 1966, the relevant date for
considering whether a right has been acquired by prescription is Septem-
ber 30, 1951. Adverse possession on behalf of the appellant bas been
claimed after the death of his father in 1946. Even if it be assumed that ~
H the possession of the appellant was adverse ever since 1946, it cannot be
RAJA RAO v. TEMPLE YALU (AGRAWAL, J.) 51
said that he had acquired his title over the suit properties by adverse A
possession before September 30, 1951. In this view of the matter, it cannot
, be held that the appellant has acquired title over the suit properties by
adverse possession. [66H, 67A-C]
Raja Har Narain Singh v. Chaudhrian Bhagwant Kaur and Anr., (18)
IA 55; Troylokya Nath Bose v. Jyoti Prokash Nandi, (1903) ILR 30 Cal. B
761; Ba/want Rao Bishwant Chandra Chor v. Purun Mal Chaubey, (10) IA
90; Ambalavana Pandara Sannidhi v. Meenakshi Sundareswarlal Devas-
tanam (by its Manager) & Ors., (47) IA 191; Lala Hem Chand v. Lal Pearey
Lal & Ors., A.l.R 1942 PC 645 and Sri Samgadevar Peria Matam & Anr. v.
Ramaswami Gounder (dead) by Legal representatives, (1966] 1 S.C.R. 908, C
referred to.
7. The entries in the Inam Registers show that there was complete
dedication of the property to the deity. Therefore, it cannot be held that
there was only a partial dedication ·of the suit property and the property
continued to retain its private and secular char.tcter. (67-F] D
S.Shanmugam Pillai & Ors. v. KShanmugam Pillai & Ors., [1973] 1
S.C.R. 570, referred to. \.
CIVIL APELLATE JURISDICTION: Civil Appeal Nos. 301-302 of
1976 E
From the Judgment and Order dated 25.4;1975 of the Andhra
Pradesh High Court in Appeal Nos. 87 & 362 of 1972.
C. Sitaramiah, A.D.N. Rao M. Venkateshwaralu and A. Subha Rao F
for the Appellants.
A.S. Nambiar, T.V.S.N. Chari, Ms. Suruchi Aggarwal and Ms. Man-
jula Gupta for the Respondents.
The Judgment of the Court was delivered by
G
S.C. AGRAWAL, J. These appeals by special leave directed against
the judgment dated April 25, 1975 of the Andhra Pradesh High Court in
Appeals Nos. ~7 and 362 of 1972, involve the question whether the Temple
of Sri Anjaneya Swami {hereinafter referred to as 'the suit temple') situate
at Valuthimmapuram in Peddapuram Taluk, East Godavari District of the H
52 SUPREME COURT REPORTS [1992] 2 S.C.R. ·
A State of Andhra Pradesh iS a private temple and not a public temple and
the appellant as the hereditary trustee of the suit temple is entitled to the ,~
possession of the temple and the properties attached to it.
After the enactment of the Madras Hindu Religious Endowments
B Act, 1926 (Madras Act II of 1927), hereinafter referred to as 'the 1927 Acf,,
Turanga Rao, father of the appellant, submitted an application (O.A.No.
117 of 1934) under Sections 18 and 84 of the said Act wherein it was
claimed that the suit temple is a private temple and the applicant was the
hereditary trustee of the same. One M. Satyanarayana Murthy of Ped-
dapuram also filed a petition before the Board alleging that the suit temple
C is a public temple and that he may be appointed as the trustee. The said
application of Turanga Rao was dismissed by the Board of Commissioners
constituted under the 1927 Act by order dated March 30, 1935, and it was
held that the suit temple is a public temple in terms of section 9(12) of the
said Act and that the Act was applicable to it and to its endowments.
D Turanga Rao filed a petition (O.P.No. 15 of 1936) in the Court of District
Judge of East Godavari for setting aside the order of the Board dated
March 30, 1935 and to declare him as the hereditary trustee of the suit
temple. In the said proceedings Turanga Rao filed a petition (Exhibit. A-7)
dated April 2, 1936 seeking to withdraw O.P.No. 15of1936 on.the.ground
that the post of trustee for the suit temple was now vacant and the Board
E was proposing to appoint him as the trustee. In view of the said application
of Turanga Rao, the District Judge passed an order (Ex. A-8) dated April
2, 1936 whereby O.P. No. 15 of 1936 was dismissed. It appears that
thereafter, in 1936, Turanga Rao was appointed as a trustee of the temple
for a period of five years. The said appointment of Turanga Rao as a
F trustee was not renewed on the expiry of the period of five years but he
continued to be in possession of the suit temple and the properties attached
to it till his death in 1946. After the death of Turanga Rao, the appellant
-
came in possession of the same. Madras Act II of 1927 was replaced by
Madras Religious and Charitable Endowments Act of 1951 (Madras Act
G 19 of 1951). On the creation of the state of Andhra Pradesh the said Act
in its application to the State of Andhra Pradesh, was styled as Andhra
· Pradesh (Andhra area) Hindu Religious and Endowments Act, 1951,
hereinafter referred to as 'the 1951 Act'. The said Act was replaced by the
Andhra Pradesh Charitable and Hindu Religious Institutions and Endow-
ments Act, 1966 (Andhra Pradesh Act 17 of 1966), hereinafter referred to
H as 'the 1966 Act', which came into force on January 26, 1957.
RAJA RAO v. TEMPLE VALU [AGRAWAL, J.] 53
The appellant moved an application (OA.No. 19 of 1967) under A
~ section 57 of the 1951 Act, corresponding to Section 77 of the 1966 Act,
whereby he pleaded that \the nature and character of the suit temple be
determined as a private temple and the appellant be declared as its
hereditary trustee, Manager-cum-Archaka. The said application of the
appellant was dismissed by the Deputy Commissioner, Endowments
B
Department, Kakinada by order (Ex. A-10) dated August 30, 1969 where
):_- by it was held that the appellant had not been able to establish his exclusive
right over the suit temple nor had he been able to extract proof that the
temple is a private one and that there was no evidence that the trusteeship
of the temple is hereditary one. Thereupon, the appellant filed a suit
----....,, (O.S.No. 21of1970) in the Court of District Jildge, East Godavari District c
to delcare the suit temple as a private temple and its trusteeship, manager-
ship-cum-Archakaship is her~ditary after setting aside the order dated
-4_ August 30, 1969 passed by the Deputy Commissioner Endowments Depart-
ment, Kakinada. Another suit, which was originally numbered as O.S.No.
41 of 1968, was filed by the Executive Officer of the suit temple for recovery
... D
of possession of the scheduled lands and ejecting the appellant therefrom
and for directing the appellant to render the true and proper account of
the net proceeds realised by him from the suit lands during the period of
six years prior to the suit and for recovery of the said proceeds. The said
suit was originally filed in the Subordinate Court, Kakinada but it was
withdrawn to the Court of District Judge, East Godavari District to be E
tried along with O.S.No. 21 of 1970 and on such withdrawal, it was tried
- '1
as O.S.No. 108 of 1970 of the Court of District Judge, East Godavari
District.
- The case of the appellant in O.S.No 21 of 1970 filed by him was that F
the suit temple was founded and the idol was installed by the ancestors of
the Jammi family for the exclusive worship of the Jammi family and there
>-
were no worshipers from the public and that certain lands mentioned in
,,... - the annexed Schedule were also endowed by them for the upkeep of the
temple and for performing 'Nithya Naivedya Deepa Dhooparadhana' and
that the trusteeship, management and archkatvam vests solely in the J ammi G
family ever since the inception, devolving on the family members by the
rights of primogeniture and in the absence of descendants in any one
branch, by testamentary appointment by the last office-holder, and that no
)\ outsider had succeeded to the office even by appointment. It was claimed
tbllt Jammi Chikacharyulu held the office of the trustee, manager-cum-Ar- H
54 .SUPREME COURT REPORTS (1992] 2 S.C.R .
A chaka since installation till 1862 and thereafter Jammi Mukhya
Pranacharyulu Caru held it from 1962-73, Jammi Pedda Hanumantha Rao· -'-..._
Garu from 1873-1917, Shrimati Jammi Munemma, widow of Muk-
hyapranacharyulu, discharged the functions from 1917-1934, Jammi Turan-
ga Rao, the appellant's father, from 1934-1946 and that from 1946 onwards
the appellant is discharging those functions. It was claimed that the suit
B temple is purely a private temple and the public as such have no legal right
to access to the suit temple. As regards the procet:dings which took place -J
in 1935-36, the case of the appellant was that Jammi Turanga Rao did not
CMe to place all the material showing the nature and character of the
temple and hence the Board, by its order dated March 30, 1935, held that
c the suit temple was a public temple and further that although Jammi -"(--r
Turanga Rao had questioned the correctness of the order passed by the
Board by preferring O.P.No. 15 of 1936, he did not properly prosecute that
matter and he jeopardised the interest of the suit temple as also of the >--
hereditary trustees by bartering away all rights in a compromise
D whereunder he withdrew the said petition on condition of the Board
appointing him as a trustee and that in doing so, Turanga Rao acted in
cross dereliction of his duties as a hereditary trustee of private temple
since he had no authority to compromise and barter away valuable rights
of the temple and the trust and that the said acts of Turanga Rao cannot
in any manner bind his successor trustees and the trust and that the order
E passed by the District Judge dismissing O.P.No 15of1936 is not valid. The
said suit was contested by the defendant-respondents who denied the -._,,,
allegation that the suit temple was built and idol was installed by the Jammi
--
family and the suit temple was constructed on the land of the appellant for
their exclusive worship and was claimed that the suit temple area founded
F by the public for the benefit of all Hindus. It was claimed that the suit
temple is not a private temple but a public temple right from its inception
and that the trusteeship, management-cum-archakavatam did not vest sole-
ly in the Jammi family and it did not devolve on the members of the Jatnmi
_,.
family either by primogeniture or by testamentary appointment, in the ~
absence of descendants in any one branch, on the members of the Jammi
G family. It was denied that the office of the trustee, manager-cum-Archaka
of the suit temple was held by persons mentioned in the plaint and it was
claimed that during the periods mentioned in the plaint, several persons
not belonging of Jammi family acted as trustees and further that even if
some of the member of the J ammi family assumed management of the suit A.
H
RAJA RAO v. TEMPLE VALU (AGRAWAL, J.] 55
,...J, temple, it does not clothe the .appellant with trusteeship much less A
hereditary trusteeship. It was ,also asserted that public have full access,
right from its inception, to the suit temple and all the Hindus have been
worshipping the deity in the suit temple. It was also stated that in spite of
the efforts of the father of the appellant to secure an order in his favour
by placing all the material, he could not succeed in showing that the suit
temple is his family's private temple and that he was not guilty of negligence
B
y
in prosecuting the proceedings before the board as well as the Original
--.
Petition before the District Judge, but since the material was against his
contention, the appellant's father had withdrawn the Original Petition in
the Court of District Judge and that the decisions in the proceedings
initiated by the appellant's father were binding on the appellant and the c
appellant was not entitled to lay claim once again for the relief asked for
in the suit.
---"'-
O.S.No. 108of1970 filed by the Executive Officer proceeded on the
basis that the scheduled properties belonging to the suit temple have been
endowed to the temple in ancient time and that the appellant is a Archaka
D
in the temple and had been in the management of the suit 1a11ds and was
unauthorisedly and unlawfully utilising the income for the scheduled lands
for his own personal use and that the possession of the scheduled proper-
ties by the appellants is detrimental to the interest of the suit temple and
that he is not entitled to be in possession of the properties. The said suit E
- ..,,, was contested by the appellant on substantially the same grounds which he
raised in O.S.No. 21of1970 filed by him.
· By his common judgment dated January 10, 1972, the District Judge,
East Godavari District, disposed of both the suits and O.S. No. 21 of 1970 F
filed by the appellant was dismissed while O.S.No. 108 of 1970 was decreed.
t It was held that the suit temple is a public temple and the appellant is not
'
r- a hereditary trustee of the temple. The appellant was directed to render
accounts of the net income realised for six years prior to the filing of
O.S.No. 108 of 1970 and it was also held that the plaintiff in the said suit
was entitled to future profits till delivery of possession. The appellant filed G
Appeals Nos. 87 and 362 of 1970 against the said judgment and decree of
the District Judge, East Godavari District. The said appeals were dismissed
,~ by the High Court by judgment dated April 25, 1975.
Shri Sitaramiah, learned counsel appearing for the appellant has H
56 SUPREME COURT REPORTS (1992] 2 S.C.R.
A urged that the High Court has erred in holding that the suit temple is a
public temple and not the private temple of the family of the appellant,
and that in arriving at the said finding, the High Court has not applied the
correct tests and has not properly considered the material documents
produced by the appellant. Shri Sitaramiah has taken us through the
relevant record and the evidence adduced by the parties. Before we refer
B to the same, we may briefly set out the principles of law that are applicable
for determining whether an endowment is puolic or private.
-J
In Deoki Nandan v. Murlidhar, [1956] SCR 756, this Court has
indicated these principles. It has been observed;
c "The distinction between a private and a public trust is that
whereas in the former the beneficiaries are specific individuals,
in the latter they are the general public or a class thereof. While
in the former the beneficiaries are persons who are ascertained
or capable of being ascertained, in the latter they constitute a
D body which is incapable of ascertainment.".
(pp. 759-60)
While dealing with the question, who are the beneficiaries when a
temple is built, idol installed therein and properties endowed-therefor, it
E has been stated:
"When once it is understood that the true beneficiaries of
religious endowments are not the idols but the worshippers,
F
and that the purpose of the ·endowment is the maintenance of
that worship for the benefit of the worshippers, the question
·-
whether an endowment is private or public presents no difficul-
ty. The cardinal point to be decided is whether it was the
intention of the founder that specified individuals are to have
the right of worship at the shrine, or the general public or any
specified portion thereof. In accordance with this theory, it has
G been held that when property is dedicated for the worship of
family idol, it is a private and not a public endowment, as the
persons who are entitled to worship at the shrine of the deity
can only be the members of the family, and that is an ascer-
tained group of individual.s. But where the beneficiaries are not
H members of a family or a specified individual, then the endow-
RAJA RAO v.1EMPLE VALU [AGRAWAL, J.] 57
,,,,J ment can only be regarded as public, intended to benefit the A
general body of worshippers."
(pp. 762-763)
.... In that case temple was held to be a public temple. One of the
considerations which weighed with the Court in arriving at this conclusion B
y was that the idol was installed not even in the precincts of the residential ·
quarters but in a separate building constructed for that very purpose on a
vacant site. It was observed that "it is a factor to be taken into account in
deciding whether an endowment is private or public whether the place of
~-,,...
worship is located inside a private house or a public building." (p.770) c
Relying on this decision, Shri Sitaramiah has submitted that in the
~-- instant case, the suit temple is situate in the private residential house of
the appellant and this aspect has been omitted from consideration by the
High Court. The said submission of Shri Sitaramiah is, however, not borne
out by the evidence on record, which shows that the suit temple is located D
at Valuthimmapuram and the appellant's residential house is at Ped-
dapuram and in Peddapuram there is another temple dedicated to An·
janeya Swami in the residence of the appellant. In his deposition, as Pw-1;
the appellant has stated:
E
~ "The suit temple is the Jast installation by him near a forest
in Valu Thimmapuram."
"Alongwith the installation of the suit ido~ Hanumat-
deekashitulu Garu installed one idol in our house itself. Chik-
karyuiu, that is, the son of Hanumat Deekshitulu, constructed F
f- a temple for that idol also, and dedicated his self acquired
property to the deity."
~-
+-
"Within 2 miles from the suit temple, there is no village, but
within half a mile from the suit temple, there is harijanawada." G
During cross-examination, P.W.l has further clarified:
;>-.- "Hanumat Deekshitulu, installed one temple at Kotipalli,
another at Vijeswaram, one at Dowleswaram, one in our own
house and the other is the suit temple." H
58 SUPRE1.ffi COURT REPORTS {1992) 2 S.C.R.
A "I and my ancestors belong to Paddapuram. Valuthim-
-~
mapuram is 2 miles to Peddapuram."
It would thus be clear that the temple in the residential hollse of the
appellant at Peddapuram is different from the suit temple situate at
V aluthimmapuram and the suit temple is not situated in the residential ......
B
house of the appellant. -J
We may now briefly refer to the documents on which strong reliance
has been placed by Shri Sitaramiah, namely, Ex. A-4, Ex. A-6 and Ex.A-9.
Ex.A-4 is a partition deed executed in 1867 by Jammi Mukhya ~ .........
c Pranacharyulu and Jammi Bindhu Madhava Rao sons of Jammi Hanuman-
tha Charyulu and the sons of their deceased brothers Chikka Charyulu,
Venkata Charyulu and Vyasaraya Charyulu wherein it is stated that Chikka
..>-
Charyulu purchased some Inam Jyroythi lands in the. names of Addanki
Rammanna Pantulu and Venkata Krishna, the father of his son-in-law
D Yerraamilli Kameswara Rao and got the same dedicated by them to the
suit temple at Valuthimmapuram and that Chikka Charyulu himself had
been exercising Sarvadhikaratvam and Dharmakarthutvam and as he be-
came old, he appointed, his brother, Bindu Madhava Rao to do service to
Shri Anjaneya Swamy enshrined at Valuthlmmapuram. It is further stated
that Yerramilli Kameshwara Rao had no male issue and his daughter
E Munemma alias Ramanamma, was given in second marriage to Mukhya
'-y
Pranacharyulu and as per the settlement at the time of marriage the
Dharamakarthutvam and the properties belonging to Shri Anjaneya Swamy
in Valu Thimmapuram should after the death of Chikka Charyulu pass to
Mukhya Pranancharyulu and that offer the death of Chikka Charyulu the
F entire properties standing in the name of Shri Anjaneya Swamy passed to
Mukhya Pranacharyulu and he is enjoying the same and since Mukhya
Pranacharyulu has become old and has no male issue, it is settled that -l
Mukhya Pranacharyulu, himself, during his life time shall appoint as Dhar- ----'-
makartha any member from out of our family only but should not appoint
+
any other person and the Dharmakarthutvam of Shri Anjaneya Swami shall
G remain in our family alone and that our family members alone shall
perform the worship of the deity without powers of disposition by way of
gift and sale and they shall enjoy the said lands truly from son to grandson
and so on in succession. In the said deed it was also stated that if the God ~-
wills otherwise, the Dharmakarthrutvam of the deity at Valuthimmapuram
H and the entire property belonging to the said deity shall pass hereditary,
RAJA RAO v. TEMPLE VALU [AGRAWAL, J.] 59
by rule of primogeniture, in the family of late Chikkacharyulu and from A
-' then onwards the concerned individual himself shall be the Dharmakartha
and shall attend to the worship of the deity and maintain the family.
Ex.A-6 is the will dated August 13, 1973 executed by Jammi Mukhya
Pranacharyulu whereby the trusteeship relating to Sri Anjaneya Swami at B
Thimmapuram which was in his possession was entrusted to China
Hanumantha Rayudu and Peda Hanumantha Rayudu.
Ex.A-9 is an extract from the register prepared under Section 38 of
the 1927 Act in respect of the suit temple by Jammi Turanga Rao, the
father of the appellant, who was trustee of suit temple at that time. Against C
column 4 (a) relating to names of previous trustees, the periods of their
previous service, their addresses and dates of assuming of the said posts
and their particulars, it has been mentioned : 1) Jammi Chikkacharayulu
till the year 1862; 2) Jammi Mukhya Prana Charyulu till the year 1873; 3)
Jammi Peda Hanumantha Rao Garu till the year 1917; 4) Jammi Munem- D
ma alias Ravanamma till the year 1931; and 5) Jammi Turanga Rao till the
year 1934. Against Column 4(b) relating to whether the suit Temple is
under the control of or whether it is managed as per the scheme approved
by the Court or whether it is under the management of the independent
trustees who were not governed by the such scheme whether the said
trustees are appointed by as per the terms of deeds or as per the custom E
other particulars, it has been stated : "As per the deed executed in 1873
by Jammi Mukhya Pranacharyulu and subsequently since 1934 onwards
acted as defacto trustee and as per the orders issued by the Board of
Trustee in March 1936".
F
While considering whether any weight could be attached to the above
mentioned documents, the High Court has pointed out that by order
Ex.B-7 passed in O.A.No. 117/1934, the suit temple was declared as public
temple by the Board and O.P.No. 15/1936 filed by Turanga Rao, the father
of the appellant, for setting aside the said order of the Board was dismissed G
since the said petition was withdrawn by Turanga Rao. In this context, the
High Court has also referred to the documents Ex.B-1, Ex.B-2 and Ex.B-4
and Ex.B-5. Ex.B-1 is the certified copy of Inam Register of the lands in
T.D.No. 1620 in Village Yalu Thimmapuram. Under column No. 15 relat-
ing to particulars regarding the name of the present owner there is the
entry: "Sri Anjaneya Swami Varu Manager Yerramilli Kameswarao". This H
60 SUPREME COURT REPORTS [1992] 2 S.C.R.
A relates to the period 1869-70. Ex.B-2 is certified copy oflnam Register No.
36, Village Valu Thimmapuram relating to suit lands in T.D. 192 containing
entries of the year 1860. Under column 2 relating to General Class to which
'
the Inam belongs, it is mentioned, "Davadayem Religious Institutions".
Under Column 7 relating to.description of Inam, it is stated; "Devadayem
granted for the daily offerings". U~der column 12 relating to written
B instruments in support of the claim it is stated; "Deed of sale executed by
Godavari Juggana to Yeramilli Vellkata Kroostnama on 1st Oct., 1844, .)_
selling this Inam of 5 Joomas (not clear) for 44 Rupees". Under column
16 relating to particulars reglll"ding present owner it is mentioned: "Vali
Timma Pooram Anjanaya Swamy Manager Yerramilli Camaswara Rao".
c Under column 19, relat1qg to surviving heirs of the present incumbent, it ~- .....
is stated : "This Inam was purchased ~y Yerramilli Venkata Kroostnama
the father of the present Dharmacartha or Manager Yerramilli Camas-
wararao from Juggana son of the party in col. 14 for 44 Rs. Documents in
support of this safo is produced". In column 21, relating to Dyputy ->--
Collector's opinion and recommendation, it is stated : "In the acCQunt for
D
fasly 1241, it is stated that this foam of 5 Jooms was older (not clear) as
this is an old lnam it is to be confirmed to the temple as long as it is
maintained properly''. This endorsement bears the signature of Deputy
Collector and the date January 11, 1860. Ex.B-4, is certified copy of the
entry in the Inam Register 'B' for the yea:rs 1312 Fasli for Village Yalu
E Thimmapuram wherein in column 1 relatirig to particulars of lnam, it is
stated: "Income from the temple". Under column 12 relating to name and
profession of Pattadar entered in the Inam Register it is mentioned ; "Sri
Anjaneyaswami Varu (Deity)". Similarly Ex.B-5 is the certified copy of
Inam Register No. 31 of Valu Thimmapuram village wherein in column
F no.2 relating to the name of the lnamdar there is the entry "Sri Anjaneya -=
Swamivaryu", and in column no. 16 relating to names of the Managers of
Religious Endowments and Inams, Archakas and trustee, there is the entry
"Manger Yerramilli Kameswa Rao". This entry relates to the year 1308 -\
Fasli (1901 AD.). After referring to these documents, the High Courts has --1,_
observed:
G
"These documents, which relate to the suit temple and the suit
lands, clearly show that the members of the Jammi family were
not mentioned either as trustees or managers of the suit temple
or as the persons in possession and enjoyment of the suit lands, ~
H though they mention that Anjaneyaswami as the pattaholder of
RAJA RAO v. TEMPL.E'VALU [AGRAWAL, J.] 61
the said lands and Yerramilli Kamesware Rao as the manager A
_,,.; or as Dharmakartha of the temple and its lands. If the plaintiffs
predecessors were in possession of the lands described in the
suit schedule of O.S.No. 108/1970, they would have paid taxes
and the plaintiff could have proved the possession and enjoy-
ment by filing the necessary documents. Not even a single land
B
revenue receipt was produced by the plaintiff to show that the
_,....,. land revenue or the quit rent was paid by the plaintiff's father
and forefathers. In the absence of any such documents and in
the face of Exs. B-1, B-2, B-4, and B-5 it is clear that the
members of the J ammi family never dealt with the suit lands
---)<-- or with the suit temple in the manner as mentioned in Exs. A-4 c
and A-6 or in Ex. A-9 and that Exs. A-4 and A-6 were never
acted upon by the Jammi family."
- -'.
The High Court has further observed :
"In view of Exs. B-1, B-2, B-4, and B-5, it is difficult to accept the
D
plaintiff's case that the lands which were endowed to the temple
were purchased by Chikkacharyulu with his own funds.
- Whatever may be the recitals in Exs. A-4 andA-6, it is clear that
there is no iota of evidence to show that in fact the plaintiff's
father's predecessors acted as hereditary trustees and enjoyed E
the suit lands as mentioned in Exs. A-4 and A-6. On the other
---,..- hand. Exs. :a-1, B-2, B-4 and B-5 make it abundantly clear that
Yerramilli Venkatakrishnamma and Yerramilli Kameswara Rao
were acting as Dharmakarthas or managers of the suit temple
and th~ suit lands. Hence Exs. A-4 and A-6 were never acted
F
upon. Thus Exs. A-4 and A-5 are of no consequence."
~
~- We are unable to liold that the High Court was not justified in
preferring to place reliance on the entries in the Inam Register (Exs. B· 1,
>--- B-2, B-4 and B-5) as compared to Ex.A-4 and Ex.A-6 which are documents
executed by the members of the appellant's family and Ex.A-9, the register G
prepared by Turanga Rao, the father of the. appellant after his appointment
as a trustee under the 1927 Act. Laying stress on the importance of the
entries in the Inam Registers, the Judicial Committee of the Privy Council,
in Arunacha/lam Chetty v. Venkatachalapathi Guruswamigal, (1919) 46 I.A.
204, has observed: H
62 SUPREME COURT REPORTS [1992) 2 S.C.R.
A "It is true that the making of this Register was for the ultimate
purpose of determining whether or not the lands were tax free.
But it must not be forgotten that the preparation of the Inam
Register was a great act of state, and its preparation and
contents were the subject of much consideration under
elaborately detailed reports and minutes. It is to be remem-
B bered that the Inam Commissioner through their officials made
inquiry on the spot, heard evidence and examined documents,
and with regard to each individual property the Government
was put in possession not only of the conclusion come to as to
whether the land was tax free, out of a statement of the history
c and tenure of the property itself."
(pp. 217-218)
It was held that they could not fail to attach "the utmost importance,
D as part of the history of the property, to the information set forth in the
Inam Register". These observation were reiterated by this Court in
Narayan Bhagwantrao Gosavi Ba/ajiwala v. ·Gopal Vinayah Gosavi, [1960)
1 SCR 773 at p. 780.
E
Shri Sitaramiah has placed reliance on the decisioµ of this Court in
The Poohari Fakir Sadavarthy of Bondilipuram v. The Commissioner, Hindu
·-
Religious and Charitable Endowments,. 1960 Suppl. {2) 276, wherein after
referring to the decision of the Privy Council in Arunachel/am 's case
,-
(supra), i~ was observed:
F "The observations of the Privy Council in Arunache/lam 's case
that in the absence of the original grant the Inam Register is
of great evidentiary value, does not mean that the entry or
entries in any particular column or columns be accepted at their
face value without giving due consideration to other matters
recorded in the entry itself." (p.291)
G
In the present case it cannot be said that there is an ambiguity in the
entries in the Inam Registers. They indicate that the lands attached to the
suit temple were purchased by Yeramilli Venkata Kroostnama, the father
of Yerramilli Kameswara Rao, and Yerramilli Kameswara Rao was in
H possession as Dharam Karta or Manager and that the lands were entered
RAJA RAO v. TEMPLE VALU (AGRAWAL, J.] 63
in the said Registers as property of the deity, namely, Sri Anjaneya Swami A
and the lnam was "Devadayam" for the religious institution and was
granted to the temple as long as it was maintained properly. These entries
relate to the years 1860, 1869-70, 1901 and state that Yerramilli Kameswara
Rao was the Manager of the suit temple in these years and the lands were
granted in Inam for the maintenance of the temple. B
Apart from the aforsaid docu.nentary evidence, there is oral evidence
of DWs 1 to 4 DW 1, Bachala Chandrayya, is a Harijan residing in Yalu
Thimmapuram. He has· stated:
"People from Kondapalli used to visit the temple. Settbalijas C
from my village used to visit the temple. Kuru_kuri Subbanna of
Rayabhupalapatnam, for 3 years, got the pujas performed in
Karteeka Masam in the suit temple and also arranged feasting.
One Kittamsetti Grangaraju of Peddapuram, a Devangi by
Commuftity, presented eyes to the idol".
D
On cross-examination, he has stated : ·
... "Some people used to offer Namaskaram to God, standing
outside on the road, and some people used to go inside the
temple. P.W.1 used to lock the temple and keep the key in a E
niche and whoever wanted to enter the temple in the absence
of P.W.1, used to open the temple with the key from the niche,
and used to pay homage and go after locking and keeping the
key in the niche".
Similarly, D.W. 2, Pithani Subbarao, who belongs to Yalu Thim- F
mapuram, has stated:
}
"I am a Settibaliju. I am in the habit of visiting the temple along
with others members of my community....... Not only the people
of my village, but also the people of the neighbouring villages G
visit the temple".
On cross-examination, he has stated:
'<When P.W.1 leaves the temple, he leaves the key in the niche
so that anybody that visits the temple in his absence, may open H
64 SUPREME COURT REPORTS [1992) 2 S.C.R.
A the lock with the key and break coconut and lock it again and
go away''.
D.W.3, Kurukuri Subbanna of Village Rajabhaopalapatnam, has
stated:
B "On auspicious days, I used to get Abhishekam, performed by
the Archaka. For three years, I arranged Santarpana in Karteek
Masam in the suit temple"·
On cross-examination, he has stated:
c "I arranged Santarpana not only for my workers but also for __:.(·-
villagers, and the persons belonging to my village in the suit
temple".
D.W. 4, Duvva Raju of Village Anuru Kondapalli has stated: >-
D "While passing in front of the suit temple, I and other villagers
offer homage to the God, and break coconuts. It is not the
exclusive temple of P.W. 1 and it is open to all".
On corss-examination, he has stated:
E
"I used to go to the temple at 10.00 A.M. There used to be
rione by that time. Sometimes it used to be locked, and some-
times it used to be kept open. The keys used to be kept in the Y.
niche".
F It is no doubt true that "the mere fact that the public is allowed to
visit a temple or thakurdwara cannot necessarily indicate that the trust is
public as opposed to private" (Babu Bhagwan Gir v. Gir Har Saroon, (1939)
67 IA 1. But, as pointed out by this Court, in Deoki Nandan v. Murlidhar, ~
(supra), if the endowment was in favour of the idol itself "proof of user by -'°"-
the public without interference would be cogent evidence that the d~dica-
G
tion was in favour of the public". The entries in the Inam Registers
mentioned above (Exs. B-1, B-2, B-4 and B-5) indicate that the dedication
in the present case was in favour of the idol (Sri Anajaneya Swami).
~
-
While co~sidering the question whether the suit temple is a public ~
H temple or a private temple, it cannot be ignored that the suit temple falls
RAJA RAO v. TEMPLE VALU [AGRAWAL, J.] 65
in the areas which was formely part of Madras Presidency. In the greater A
part of the Madras Presidency, where private temples are practically
unknwon, the presumption is that temples and their endowments form
public religious trusts. Exception is made in respect of Malabar, where the
large tarwads often established private temples for their own use and there
is no presumption one way or the other. Mundancheri Koman v. Achutan B
Nair & Ors,. 61 I.A. 405 at p.408. In T. V. Mahalinga Iyer v. The State of
Madras & Anr., AIR 1980 SC 2036, it has been observed that so far Tamil
Nadu is concerned there is initial presumption that a temple is a public
one, it being up to the party who claims that it is a private temple, to
establish that fact affirmatively and this initial presumption must be
rebutted by clinching testimony and the crucial question is as to whether C
the public worship in the temple as of right. In the instant case, we find
that the said presumption, instead of being rebutted by the appellant, is
reinforced by the entries in the Inam Registers as well as by the oral
evidence of DWs 1 to 4 with regard to public having free access to the suit
temple for the purpose of worshipping the deity. D
As pointed out by this Court in Narayan Bhagwantrao Gosavi
Balajiwale's case (supra), the finding that the suit temple is a public temple
and not a private one is a finding of fact. In the instant case, the trial court
as well as the High Court have found that suit temple is a public temple.
The said finding is not open to further scrutiny by this Court unless it E
suffers from an error of law. We have examined the contentions urged by
Shri Sitaramiah to assail this finding, but we do not find any merit in the
same. We, therefore, uphold the finding recorded by the High Court that
- the suit temple is a public temple and not a private one and that the
appellant has failed to establish his case that he is a hereditary trustee of
the same.
F
Shri Sitaramiah has urged that even if the suit temple is held to be a
public temple, the appellant has acquired title over the suit lands by
prescription inasmuch as after the death of his father, Jammi Turanga Rao G
in 1946 he has been in possession of the suit property in his own right and
that O.S. No. 108170 was filed only in 1968, long after the expiry of the
prescribed period of limitation. Shri Sitaramiah has conceded that the plea
of limitation was not raised by the appellant at any stage earlier but he
argued th_at in· view of the express provision contained in Section 3 of the
Limitation Act, 1963, it is permissible for the appellant to raise the plea H
66 SUPREME COURT REPORTS [1992] 2 S.C.R.
A before this Court in these appeals and in this context he placed reliance
on the decision of the Privy Council in Raja Har Narain Singh v.
Chaudhrian Bhagwant Kaur & Anr., 18 IA 55 and the decision of the
Calcutta High Court in Troylokya Nath Bose v. Jyoti Prokash Nandi (1903)
ILR 30 Cal 761. In support of his submission that rights can be acquired
in property of a religious and charitable trust by adverse possession, Shri
B Sitaramiah has placed reliance on the decisions of the Privy Council in
Ba/want Rao Bishwant Chandra Chor v. Purun Mal Chaube, 10 IA 90,
Ambalavana Pandara Sannidhi v. Meenakshi Sunderaswaral Devastanam
(by its Manager) & ors., 47 IA 191, Lala Hem Chand v. Lala Pearey Lal &
Ors., AIR 1942 PC 64 and the decision of this Court in Sri Srangadevar
C Peria Matam & Anr. v. Ramaswami Gounder (Dead) by Legal Repre-
sentatives, [1966] 1 SCR 908. Shri Nambiar, the learned counsel for the
respondent has, on the other hand, submitted that since the appellant
obtained possession over the suit properties as the legal representative of
Turanga Rao, who was the trustee, the bar of Limitation would not apply
D in view of section 10 of the limitation Act, 1963. In our opinion, the
objection with regard to the bar of limitation was rightly not raised by the
appellant before. the lower courts in view of the provisions contained in s.
94 of the 1951 Act and in s. 103 of the 1966 Act. S.94 of the 1951 Act ,
provided as under :
E "Nothing contained in any law of limitation for the time being in
force shall be deemed to vest in any person the property or funds
of any religious institution which had not vested in such person or ,.
his predecessor-in-title before the commencement of this Act."
S.103 of the 1966 Act reads as under :
F
"Nothing contained in any law of limitation for the time being
in force shall be deemed to vest in any person the property of
funds of any charitable or religious institution or endowment
which had· not vested in such person or his predecessor-in-title
before the 30th September, 1951 in the Andhra area of the
G
State and on the date of commencement of this Act in the
remaining areas of this State".
The suit temple falls in the Andhra area of the State of Andhra ~~.
Pradesh and in view of s. 103, the relevant date for considering whether a
H right has been acquired by prescription is September 30, 1951. In order
RAJA RAO v. TEMPLE YALU (AGRAWAL, J.] 67
to succeed the appellant would have to establish that he had acquired the A
righ to over the suit properties by prescription before September 30, 1951.
Shri Sitaramiah does not dispute that possession of Jammi Turanga Rao,
father of the appellant, was not adverse to the trust in view of the having
been appointed as the Trustee in 1936. Adverse possession on behalf of
the appellant has been claimed after the death of his father in 1946. Even
B
if it be assumed that the possession of the appellant was adverse ever since •,
1946, it cannot be said that he had acquired his title over the suit
properties by adverse possession before September 30, 1951. In this view
of the matter, it cannot be held that the appellant has acquired title over
the suit properties by adverse possession. In these circumstances, we do
not consider it necessary to go into the question whether in view of section c
10 of the Limitation Act the appellant cannot claim title by adverse
possession since he obtained possession of the suit property as the legal
representative of Jammi Turanga Rao who was in possession of the suit
property as Trustee.
Shri Sitaramiah has lastly contended that Ex. A-4 shows that after
D
meeting the expenses for the upkeep of the deity, the income from the suit
property w:>.s to be used for the benefit of his family which means that there
was oniy a partial dedication of the property in favour of the deity. The
submission of Shri Sitaramiah is that in view of the fact that the dedication
was only partial, the property retained its original private and secular E
character and that there was only a charge on the common obligation used
as part of the income for the upkeep of the deity and therefore, the said
property attached to the temple cannot be regarded as the trust property.
- Reliance has been placed on the decision of this Court in S. Shanmugam
Pillai & Ors. v. K. Shanmugam Pillai & Ors., [1973] 1 SCR 570, at p. 582-83.
Since we have not accepted the case set up by the appellant on the basis
F
of the aforesaid document and have found that in view of the entries in the
lnam Registers, there was complete dedication of the property to the deity,
)..._ it cannot be held that there was only a partial dedication on the suit
property and the property continued to retain its private and secular
character. G
In the result, the appeals fail and are accordingly dismissed with
costs .
..~
T.N.A. Appeal dismissed.
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