Research › Search › Judgment

Andhra High Court · body

2025 DIGILAW 1122 (AP)

Gutti Veeranjaneyulu, Guntur Dist. v. A. P. Endowments Tribunal Guntur, Dist

2025-10-17

CHALLA GUNARANJAN

body2025
JUDGMENT : CHALLA GUNARANJAN, J. Present appeal is filed under Section 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (for short “the Act”), assailing the common order dated 21.09.2016 passed in OA.Nos.767, 768 & 769 of 2011 on the file of the A.P. Endowments Tribunal, Amaravati at Pedakakani. 2. Respondent Nos.2 & 3 herein have instituted aforesaid OAs under Section 83 of the Act, seeking for eviction of the appellants herein claiming that the subject property belongs to the Institution. The said properties are small shops, which have been erected on a piece of land admeasuring 425 Sq. yards, covered by door No.232/2, Mangalgiri Town. 3. The Institution has claimed that initially late Smt. Nandyala Narayanamma W/o late Narasimhacharyulu executed registered Will vide document No.16 of 1958, dated 02.12.1958, creating Trust under the name and style of Nandyala Narayanamma Sri Vaishnava Ramanuja Kutam and has appointed three persons as permanent trustees and the properties which have been endowed were supposed to be utilized for performing the objects specified therein. The said Narayanamma is stated to have died in the year 1959 and the main trustee, one Sri G. Rajacharyulu, also died in the year 1986 and the remaining two trustees have continued to implement the objects of the Trust. Thereafter, due to their old age, they have executed registered Settlement deed vide document No. 1987 of 2009, dated 29.04.2009, in favour of the institution i.e., Sri Lakshmi Narasimha Swamy, Mangalagiri, to continue the objects of the Trust. The appellants herein were granted lease over the said property by the trustees initially. As the rents were not being paid regularly, respondent No.3 has issued notice dated 08.10.2009 for eviction and handing over of the shops. Since there was no response, the Institution was constrained to file aforesaid OAs. 4. The appellants, who were respondents before the Tribunal, contested the said OAs by filing counter affidavits. They did not deny or dispute the creation of Trust by Smt. Nandyala Narayanamma and appointment of trustees in furtherance thereof. However, they have taken stand that as tenants they used to pay advance rents to the Secretary of the said Trust and that there was no lease agreement executed by the said Trust. Despite the same, they continue to pay the rents. However, they have taken stand that as tenants they used to pay advance rents to the Secretary of the said Trust and that there was no lease agreement executed by the said Trust. Despite the same, they continue to pay the rents. It is pleaded that serving two trustees have in fact executed sale deeds alienating the subject property to one Sri Murikipudi Veeranjaneyulu. However, O.S.No.245 of 2001 came to be preferred by Sri Vaishnava Community for cancellation of aforesaid sale deeds and that suit was decreed holding that schedule property being Trust property, the trustees were not within their rights to alienate the property. It is also pleaded that O.S.No.144 of 2010 came to be filed by the Secretary of the Trust questioning the registered settlement deed dated 29.04.2009. The Tribunal, after considering the respective pleas of both parties, ultimately came to conclusion that subject property belong to respondent No.3 herein and that the appellants since were continuing over subject property unauthorizedly, they were held to be encroachers within the meaning of section 83 of the Act and accordingly allowed said OAs by directing them to vacate and deliver vacant possession within one month to the Institution. Further, they were also directed to pay damages for use and occupation @ Rs.1,000/- in O.A.No.767 of 2011 and O.A.No.768 of 2011. Rs.2,000/- in O.A.No.769 of 2011 from the date of petition till the date of delivery of the subject property. Assailing the same, the present appeal is preferred. 5. After filing the present appeal, a significant development has taken place, as O.S.No.144 of 2010, filed by Secretary of the Trust challenging the registered settlement deed in favour of Sri Lakshmi Narasimha Swamy, Mangalagiri, came to be withdrawn. Even before that while the suit and aforesaid OAs were pending, the Government has issued memo dated 27.09.2010 ordering the takeover of subject property, which was also challenged by the Secretary of the Trust in W.P.No.31056 of 2010. Thereafter, this Court has passed interim orders staying all further proceedings in pursuance to aforesaid memo, however, directed the Trust not to alienate or create any third party interest over the subject property. The said writ petition as well as C.M.A.No.770 of 2011, which was also instituted by the Trust concerning the same subject property, ultimately came to be withdrawn. Thereafter, this Court has passed interim orders staying all further proceedings in pursuance to aforesaid memo, however, directed the Trust not to alienate or create any third party interest over the subject property. The said writ petition as well as C.M.A.No.770 of 2011, which was also instituted by the Trust concerning the same subject property, ultimately came to be withdrawn. The consequences of the same would be that the Secretary of Trust, who has been canvassing the rights to acquire the subject property by challenging the registered gift settlement deed executed in favour of Sri Lakshmi Narasimha Swamy, Mangalagiri, as well as the orders passed against them by the Tribunal, which culminated in C.M.A.No.770 of 2011 besides writ petition No.31056 of 2010, have now been rendered dismissal on account of withdrawing the same, the appellants herein, who claim to be tenants through them cannot have any grievance over the subject property. As tenants of the subject property, once their lessor has given up right over the property, they can no longer continue in the subject property. In view of aforesaid subsequent developments and considering that the appellants are running small shops and eking out livelihood, and also stated to have paid rents to the Secretary of the Trust, this Court, while confirming the orders of Tribunal, is inclined to exonerate them from the liability of damages as ordered. 6. Accordingly, the Civil Miscellaneous Appeal stands disposed of by confirming the order of the Tribunal to the extent of directing the appellants/respondents therein to vacate and deliver vacant possession of the subject property. Insofar as the direction to the extent of payment of damages is concerned, the order is set aside. Further, the appellants shall vacate and deliver possession of the subject property to the Institution within two (02) months from today. Failing which, the respondent-Institution is at liberty to take appropriate steps as directed by the Tribunal. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed.