JUDGMENT

KRISHNA IYER, J. :—This appeal by certificate turns on the character of a temple in the city of Madras as to whether it is a private temple or a public temple, that is, a temple within the meaning of Section 6 (20) of the Madras Hindu Religious & Charitable Endowments Act, 1959. The trial Court held in favour of the plaintiff who claimed that the temple was private and brought a suit to set aside the other passed by the Commissioner, Hindu Religious & Charitable Endowments, but the High Court reversed the judgment and decree of the trial Court and held that the temple was public in character and the authorities constituted under the Act had jurisdiction to manage the temple on that footing.

2. Shri Balkrishnan, appearing for the appellant, has taken us through the details of the evidence to impress upon us that High Court had grievously erred us that the temple was a public one. It is undisputed law that so far as Tamil Nadu is concerned, there is an initial presumption that a temple is a public one, it being up to the party who claims that it is a private temple, to establish that fact affirmatively. Of course, this initial presumption must be rebutted by clinching testimo