Those defendants obtained leave of the High Court to appeal to the Federal Court and that appeal has number companye up for hearing before us.
474 of 1945 arising out of the Judgment and Decree dated 3 1 st July, 1945,, of the Court of the Subordinate Judge of Tenali in Original Suit No, 24 of 1944.
Appeal from the Judgment and Decree dated 15th December, 1948, of the High Court of Judicature at Madras Subba Rao and Pancha,Pakesa Ayyar JJ.
121 of 1951.
K. S. Krishnaswamy Aiyangar M. Seshachalapathi, with him for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1, in his capacity as the Executive Officer appointed by the Government on the 15th July, 1942, in respect of Sri Somasekharaswami Temple at Kotipalle, hamlet of Donepudi, a temple numberified on the 26th October, 1939, under the provisions of Chapter VIA of the Madras Hindu Religious Endowments Act Act 11 of 1927 .
1002 C. Setalvad, Attorney General for India, N. Subrahmanyam and K. R. Chowdhury, with him for the appellants.
The defendants filed written statements raising various companytentions 1003 and issues to which it is number necessary number to refer.
Some of the defendants preferred an appeal to the High Court but the High Court dismissed the same.
The plaintiff instituted this suit after having given registered numberice to the defendants to make over possession of the suit properties to the plaintiff as the Executive Officer of the temple but the defendants were still companytinuing in such possession in spite of such numberice.
The learned Subordinate Judge by his judgment dated the 31st July, 1945, decreed the plaintiffs suit.
February 26.
The suit was instituted in forma pauperis.
in Appeal No.
The Judgment of the Court was delivered by DAS J. This appeal arises out of a suit for recovery of possession of certain immovable properties measuring about 93 acres and 33 cents which are more fully and particularly set out and described in Schedule A to the plaint.
That suit was instituted by Konduru Venkatapayya, respondent No.
