Judgment

M. Jagannadha Rao, J.-This appeal is preferred by the Executive Officer of the Arthanareswarar Temple against the judgment of the High Court of Madras dated 31.1.1991 in Civil Revision Petition No. 334 of 1987.

2. The following are the relevant facts:

The predecessors-in-interest of respondents 1 and 2 in this appeal, endowed various immoveable properties for the purpose of certain religious ceremonies in six public Hindu temples. The subject matter of the trust-deed comprises of immoveable properties, lands and buildings and also jewels. The immoveable properties com­prised 5.32 hectares of wet land situated in Sathampur village and 9 shop buildings situated in Netaji Streets, Erode. On 28.10.1986 the respondents 1 and 2, filed a petition O.P. No. 301 of 1985 under the Indian Trusts Act, 1882 before the District Judge, at Periyar to permit them to sell the lands and immoveable properties including the nine shops by public auction or by negotiations. Obviously the said petition was filed by respondents 1 and 2 as trustees under the trust-deed dated 19.4.1920. The learned District Judge by order dated 28.10.86 dismissed the said petition holding that under the trust deed above