AIR 1957 ANDHRA PRADESH 824

Andhra Pradesh High Court

Hon'ble Judge(s): Satyanarayana Rao, Bhimasankaram , JJ

(A) Madras Hindu Religious Endowments Act (2 of 1927) , S.9(12)— Temple - Dedication of - Public or private - Question of fact - User - Other circumstances. Hindu Law - Religious Endowment. Civil P.C. (5 of 1908) , S.100— The question whether a temple was dedicated to the public or not is one of fact and the inference has to be drawn from proved facts. If, however, the origin of the temple is lost in antiquity and inference is to be drawn by the long user the user by the public for the purpose of religious worship has to be proved as a fact In the South, there is a presumption that the temples are public at which all Hindus might worship. In Malabar, the position is somewhat difficult. If there is long user by the public and if there are other circumstances such as taking the utsava deity in procession, endowment of properties to the temple by strangers, collection of subscriptions for the repairs or other purposes of the temple, the fact that the temple is not attached to the home of the founder, the attachment of a Dharmasala or choultry for feeding the worshippers on occasions or for feeding a section of the public, these circumstances must be taken cumulatively and their effect considered in drawing the inference. Held on the facts of the case that the suit temple was a public temple and not a private one. Case law reviewed.....