The said observations were also followed by the Andhra High Court in Hariharabrahmam v. Janakiramiah 1 and, having regard to the circumstances in that case, the said High Court directed accounts to be taken for a period of six years prior to 1938.
The new trustees were appointed by order of the Hindu Religious Endowments Board dated January 21, 1951 but they were able to obtain possession of the temple only on July 21, 1952.
Appeal by special leave from the judgment and decree dated April 12, 1963 of the Andhra Pradesh High Ccurt in S.A. No.
The respondent was the managing trustee during that period.
To that appeal, the plaintiffs were made respondents.
They, representing the temple, filed O.S. No.
R. Gokhale, S. P. R. Vital Rao, K. Rajendra Chaudhari and K. R. Chaudhuri, for the respondent.
The 1st defendant, the ex managing trustee of the temple, preferred an appeal against the said decree to the companyrt of the District Judge, Nellore.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
246 of 1953 in the Court of the Subordinate Judge, Nellore against the respondent and others for the following three reliefs 1 to direct all or such of the defendants as may be found liable to render a true and proper account of their management of the temple and its properties since the date of their functioning as trustees and to pay over to the new trustees such amounts as may be found due 2 to assess the amount due to the temple as a result, of the various acts of malfeasance, misfeasance and numberfeasance of the defendants 1 to 3 in respect of their management, and to direct them to pay the same to the new trustees and 3 to direct the defendants 1 to 3 to deliver to the new trustees all documents, accounts, registers, s. 38 register, jewels and movable properties, after rendering a true account thereof and failing such delivery, to pass a decree against the defendants for their value, or pass such decree against them for such damages as the temple had sustained.
He also found that defendants 1 to 3 were liable to render an account of their management during the period of their trusteeship and to pay damages for the loss suffered by the temple on account of theinr acts of misfeasance, malfeasance and numberfeasance.
In the plaint, the new trustees alleged that the defendants were guilty of acts of misfeasance, malfeasance and numberfeasance and also of gross negligence.
The respondent and two others were number hereditary trustees of the said temple and functioned as such for a term of five years ending with January 1951.
Ram Reddy and A. V. V. Nair, for the appellant.
The defendants, inter alia, apart from denying the said allegations made against them, pleaded that the suit was number maintainable in a civil companyrt in view of the provisions of s. 87 of the Madras Hindu Religious and Charitable Endowments Act, 1951 Act 19 of 1951 , hereinafter called the Act.
Pending the appeal, the plaint was amended and the words of pass such decree against them for such damages as the temple has sustained thereby were deleted from prayer 3 of the plaint.
In the result, he passed a preliminary decree in favour of the new trustees directing the respondent and defendants 2, 5 and 6 the legal representatives of defendant 3, to render a true and proper account of their management of the temple and its properties for the period companymencing from the beginning of 1946 to the date when the plaintiffs took possession of the temple in July 1952 and to pay such amounts as may be found due from them on taking accounts.
a suit was filed for an account for the year 1884 and the 1st defendant was asked to account for the management of his father and grand father, the learned Judges of the Madras High Court fixed the period of accounting at 12 years.
The learned Subordinate Judge, by his judgment dated August 12, 1953, held that the suit was maintainable.
605 of 1964.
The Judgment of the Court was delivered by Subba Rao, C.J. This appeal by special leave raises the question whether a suit would lie at the instance of the present trustees of a temple for rendition of accounts of the management of the temple by the ex trustees.
The appellant is Sri Vedagiri Lakshmi Narasimha Swami temple situated at Narasimhuly konda, Nellore taluk, in the State of Andhra Pradesh, represented by its trustees.
124 of 1959.
