P. V. BHEEMSENA RAO versus SIRIGIRI PEDDA YELLA REDDI

P. V. BHEEMSENA RAO versus SIRIGIRI PEDDA YELLA REDDI

Section 44-B(1) of the Madras Hindu Religious Endowments Act does not include personal inams burdened with service to the temple, and such inams are to be dealt with under Board's Standing Order 54 class (b) rather than under the Act. Thus, revenue authorities had no jurisdiction under section 44-B to resume such personal inams.

Parties
Appellant: P. V. Bheemsena Rao; Respondents: Sirigiri Pedda Yella Reddi and Others
Jurisdiction
India
Judgment Date
16 March 1961
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated January 8, 1954, of the Madras High Court in Second Appeal No. 312 of 1949
Outcome
Appeal dismissed
Legal Topics
Inam Grant, Religious Endowments, Service Tenure, Jurisdiction of Revenue Authorities, Interpretation of Statutes
Hindu Law Property Law Inam Grant Religious Endowments Service Tenure Jurisdiction of Revenue Authorities Interpretation of Statutes

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Parties

P. V. Bheemsena Rao

Appellant

Sirigiri Pedda Yella Reddi and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated January 8, 1954, of the Madras High Court in Second Appeal No. 312 of 1949

Legal Issues

  1. 1 Whether a personal inam burdened with service to a temple falls under section 44-B of the Madras Hindu Religious Endowments Act, 1927, and is resumable by revenue authorities.

Ratio Decidendi

Section 44-B(1) of the Madras Hindu Religious Endowments Act does not include personal inams burdened with service to the temple, and such inams are to be dealt with under Board's Standing Order 54 class (b) rather than under the Act. Thus, revenue authorities had no jurisdiction under section 44-B to resume such personal inams.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.