Judgment

Srikrishna, J.—One Ponnu Iyer alias Viruddeswara Sivacharya had purchased large extent of land and properties. One of such properties was Door No. 278, West Car Street, Tirunelveli. In 1960 the second respondent who was Madathipathi of “Meda Madam” and the Kartha of family filed O.A.No. 74/60 before the Deputy Commissioner of the Hindu Religious and Charitable Endowment under section 63(a) of the Hindu Religious and Charitable Endowment Act, to declare the property mentioned above as his personal property and not belonging to a religious institution. This application was rejected by the Deputy Commissioner. An appeal carried by the second respondent to the Commissioner was also rejected. In 1969 the second respondent filed a statutory suit being OS No. 133/69 before the Sub-Judge, Tirunelveli seeking a declaration that the property was his private property. This suit was also dismissed by the Sub-Judge holding that the property belonged to the “Mela Madam” a religious institution. The appeal carried to the High Court vide A.S.No. 640/1971 was also dismissed. The second respondent thereafter continued to maintain records as directed by the concerned authorities and ­submitte