VERUAREDDI RAMARAGHAVA REDDY AND ORS. versus KONDURU SESHU REDDY AND ORS.
The suit by a worshipper for a declaration that the compromise decree is not binding on the temple is maintainable as it falls outside the purview of Section 42 of the Specific Relief Act; the compromise decree is not valid or binding on the deity, as the deity was not represented by a proper next friend or...
Source-derived case information.
- Parties
- Appellant: Veruareddi Ramaraghava Reddy and Ors.; Respondent: Konduru Seshu Reddy; Respondent: T. V. R. Tatachari
- Jurisdiction
- India
- Judgment Date
- 26 April 1966
- Procedural Posture
- Civil Appeal / Decision on Appeal Against Andhra Pradesh High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Declaratory Relief, Binding Nature of Compromise Decree, Representation of Deity in Legal Proceedings, Hindu Religious Endowments
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veruareddi Ramaraghava Reddy and Ors.
Appellant
Konduru Seshu Reddy
Respondent
T. V. R. Tatachari
Respondent
Procedural Posture
Civil Appeal / Decision on Appeal Against Andhra Pradesh High Court Judgment
Legal Issues
- 1 Whether the suit for declaration by a worshipper is barred by Section 42 of the Specific Relief Act, 1877
- 2 Whether the compromise decree is valid and binding on the temple/deity
Ratio Decidendi
The suit by a worshipper for a declaration that the compromise decree is not binding on the temple is maintainable as it falls outside the purview of Section 42 of the Specific Relief Act; the compromise decree is not valid or binding on the deity, as the deity was not represented by a proper next friend or representative and the Commissioner had no authority to represent the deity in those proceedings.
Court Disposition
Appeal dismissed
Orders
- Plaintiff-respondent no. 1 granted a declaratory decree that the compromise decree in O.P. no. 3 of 1950 on the file of the District Court Nellore is not valid and binding on Sri Kodandaramaswami temple.
- Parties to bear their own costs throughout.
Full Case Text
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