Judgment

SHINGHAL, J. - (with Ray C.J.I.):- This appeal by special leave arises out of the judgment of the High Court of Mysore dated August 30, 1968, upholding the order of District Judge, South Kanara, dated November 9, 1956. By that order the District Judge set aside the decision of the Board of Commissioners for Hindu Religious Endowments, Madras hereinafter referred to as the Board, that the institution known as Sri Manjunatha temple at Dharmasthal, Puttur Taluk, South Kanara district, was a temple as defined in Cl. (12) of S. 9 of the Madras Hindu Religious Fendowments Act, 1926 (Madras Act II of 1927), hereinafter referred to as the Act. The Commissioner under the Madras Hindu Religious and Charitable Endowments Act feels aggrieved because the impugned judgment has the effect of taking the temple out of th control provided by the Act. The respondent in this appeal was the "supplemental petitioner before the District Judge and was brought on record on the death of Manjayya Hegde who was the original petitioner in the petition under sub-s. (2) of Section 84 of the Act.

2. The controversy relates to the Manjunatha temple, in Dharmasthal, which is now the name of a village in Belt