SRIBHOGARAJU VENKATA JANAKI RAMARAO (DEAD) BY LRS. v. HEREDITARY TRUSTEE, SRI V. Sw. TE.
2001-07-19
S.RAJENDRA BABU, SHIVARAJ V.PATIL
body2001
DigiLaw.ai
ORDER 1.claim was made by the appellant insuit for being paid his share of the dibbi income in Venkateswara Swami Dwarka Tirumala Temple inasmuch as he was discharging the duties of Karanam for the period between the years 1969 to 1987. Under Section 34 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 hereditary offices stood abolished. Section 34(1)(c) of the Act provides that all rights and emoluments of any nature in cash or kind or both accrued to and appertaining to any office or service or post mentioned in clause (a) thereof and subsisting on the date of commencement of the Act on such commencement stand extinguished. 2. It is not in dispute that the "office" in terms of Section 34(1)(a) of the Act includes that ofKaranam but the dispute is in relation to the "right or emolument" in question which was subsisting on the date of the commencement of the Act. In the circumstances, no relief could have been granted to the appellant. The trial court had decreed the suit but the High Court proceeded to modify the decree of the trial court holding that the appellant is entitled toshare of the collections for one year from 1-12-1964 and limited the same toperiod of one year. 3. We think that in terms of Section 34(1)(c), the appellant was not entitled to that right even. Therefore, it is not necessary for us to interfere with the order of the High Court. In this state of law, we decline to interfere with the order made by the High Court. The appeals stand dismissed accordingly.