Judgment

GROVER, J.: This is an appeal by special leave and arises out of a suit filed by Muthu Bhattar against Seethalakshmiammal and her son Subba Bhattar alias Shanbagakarnnu who was a minor at the time of the institution of the suit. The other defendants were Thiruvathavoor Thirumarainathaswami Temple Devasthanam through its Executive Officer residing at Thiruvathavoor village, Melur Taluk and Thiruvedagam Devasthanam through its trustees, residing at Thiruvedagam Nilakottai Taluk. The suit was for a declaration and possession of 1-7/8 share of the Archakam service in the temple and also to recover 1/8 share in the Inam village of Kelavikulam attached to the Archakam service in the third defendant temple. Other reliefs were also claimed relating to the fourth defendant temple which, however, do not survive in the appeal.

2. It will be of assistance to set out the following pedigree table:

Subba Bhattar had bequeathed his share in the disputed properties and rights to his wife Parvathiammal. On November 20, 1929 Parvathiammal executed a deed of gift in favour of Duraiswamy who was described as her senior mother s son. The relevant part of the gift deed is as follows:

"I have conveye