Judgment

GAJENDRAGADKAR, C.J.I. :

The appellant Sri Jagadguru Kari Besava Rajendraswami of Gavi Mutt is the Matadhipati of Sri Gavi Mutt which is a religious institution dedicated to the propagation and promotion of the tenets of the Veara Saiva cult of Hinduism. This Mutt is sitauted at Uravakonda in the District of Anantpur. It appears that on the 6th September, 1939, the Board of Hindu Religious Endowments constituted under the Madras Act II of 1927 (hereinafter called the earlier Act ) framed a scheme under S. 63 of the said Act for the proper administration of the said Mutt and its endowments. The predecessor-in-office of the appellant then filed suit No. 21 of 1939 on the file of the District Judge Anantapur for getting the said scheme set aside. His suit substantially failed, because the District Court was persuaded to make only a few minor modifications in the scheme subject to which the scheme was confirmed. That decision was taken in appeal by the predecessor of the appellant to the High Court of Madras (A. S. No. 269 of 1945). During the pendency of the said appeal, the appellant s predecessor died, and the appellant then brought himself on the record as the legal preven