JUDGMENT

Arijit Pasayat, J.-A Division Bench of the Madras High Court by the impugned judgment held that the respondent was entitled to hold office of trusteeship in Sri Lakshmi Perumal Temple in Nanganallur, Saidaret Taluk as hereditary trustee. The Commissioner of Hindu Religious and Charitable Endowment and the Deputy Commissioner, the appellants herein question correctness of the judgment.

2. Background facts giving rise to the present appeal need to be noted in some detail.

Respondent-Sabha filed an application under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (in short Act ), before the Deputy Commissioner (appellant No. 2 in the present appeal) for declaration that the Sabha is hereditary trustee of the religious institution. The application was dismissed by the Deputy Commissioner. Since the dismissal was upheld by the Commissioner (the appellant No. 1 herein) against the rejection of the application, the respondent as plaintiff filed a statutory suit OS No. 257/1981 before Subordinate Judge, Chengleput. Present appellants as defendants took the stand that the suit temple is a public temple constructed out of the collections includi