Judgement

Consolidated Appeal (No. 3 of 1933) by special leave from a judgment and seven orders of the High Court (March 30, 1928) which reversed seven decrees of the Sub ordinate Judge of Ottapalam.

The seven suits which gave rise to the appeal related to seven temples in Malabar, and were instituted by respondents Nos. 1 to 3 under s. 92 of the Code of Civil Procedure with the consent of the Advocate General, who was joined as respondent No. 4 to the present appeal. On the death of the original defendant the appellant was brought upon the record in his place. The plaints claimed decrees removing the defendant from the trusteeship of the temples, the appointment of new trustees, and other incidental relief.

Several issues were framed, but the only issue material to the present appeal was No. 2 " whether the properties in question are public religious trusts."

The Subordinate Judge, who tried the suits together, found that it was not established that the properties were public religious trusts; accordingly he dismissed the suits.

An appeal to the High Court was heard by Phillips and Odgers JJ. and was allowed ; the suits were remanded for disposal. The present appeal was from that