Judgment

GUPTA, J.:- The only question disputed in this appeal is whether a temple, known as Varodaraj Venkataramana Temple at Gurpur in Mangalore Taluk in Karnataka, is a public temple or a temple belonging to Goud Saraswat Brahmin Community of Gurpur.

2. This is an ancient temple founded about 400 years ago. In a proceeding under S. 57 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (hereinafter referred to as the Act), the Deputy Commissioner by his order dated January 17, 1961 held that the temple was a public temple and the Commissioner on appeal affirmed the order of the Deputy Commissioner on June 12, 1961. Thereafter the appellants who are the trustees of the temple instituted a suit, O. S. No. 106 of 1961, in the court of the Subordinate Judge, South Karnara, for a declaration that the temple was a private in temple and not a temple as defined in S. 6 (17) of the Act or, in the alternative, for a declaration that it was denominational or sectional temple belonging to the Goud Saraswat Brahmin Community of Gurpur. There was also a prayer for cancellation or modification of the order of Commissioner dated June 12, 1961 affirming that of the Deputy Commissio