Judgment

MATHEW, J.:- The appellant as plaintiff filed a suit for a declaration that he was entitled to continue as the Elavarasu or Junior Head of the Tiruppenandal or the Kasi Mutt and for a perpetual injunction restraining the defendant, the Head of the Mutt, from interfering in any way with his functioning as the Elavarasu or Junior Head of the Mutt.

2. The defendanst, who is now dead, contended that the appellant was not validly nominated as the Elavarasu of the Mutt, that even if he was nominated as the Elavarasu, the appellant acquired no right by the nomination to continue as the Elavarasu, that the appellant s conduct after he became the Elavarasu was such that he was unworthy to become the future head of the Mutt, that he (the defendant) cancelled the nomination and so the appellant had no right to get the declaration prayed for.

3. The questions which arose for consideration in the trial court were: whether the appellant had been nominated by the defendant as the Elavarasu of the Kasi Mutt; whether, by virtue of the nomination, the appellant was holding an office or had acquired any right or status; whether the appellant was guilty of misconduct which disentitled him to c