JUDGMENT

This is an appeal preferred against the judgment dated 15.11.88 of the High Court of Madras in LPA No. 4/1983. The appellants in the LPA before the High Court were Sri Y.R. Natarajan and Sri D. Srinivasan. The 1st respondent in the LPA was the Commissioner, Hindu Religious Endowments, Madras, the 2nd respondent, one E. Venkatasubbaiah and the 3rd respondent D. Adiseshayya. The 2nd and 3rd respondents were shown in the LPA as persons who died, and no legal representatives were brought on record. It also appears that the 2nd appellant D. Srinivasan was brought on record during the pendency of the first appeal before the learned Single Judge, in C.M.P. No. 4112/1978 on 20.7.1979. The first appeal A.S.No. 379/78 was filed by the Commissioner of Endowments, who was the defendant in the suit, against E. Venkatasubbaiah and D. Adiseshayya and Y.R. Natarajan. Learned Single Judge allowed the appeal of the Commissioner and the respondents in the 1st appeal filed the LPA. as mentioned above and the same was dismissed as stated earlier. It is against the above said judgment in the LPA. that this appeal has been preferred.

2 The following facts are necessary to be stated for