Judgement

Appeal (No. 5 of 1945) from a judgment and decree of the High Court (April 30, 1943) which set aside a decree of the District Court of Tinnevelly (March 7, 1941).

This appeal arose out of a suit brought by appellants 1 to 4 for a modification of the scheme framed by the first respondent under s. 57 of the Madras Hindu Religious Endowments Act, 1927, for the proper administration of the Sri Papavinasaswami Temple at Papanasam and of certain endowments for special religious services therein. The subject-matter in dispute comprised

52 Law Rep. 74 Ind. App. 230 ( 1946- 1947)

N. Sankaranarayana P. v. Board of C ommnr. Hindu Religious

153

certain inam and ryotwari properties set apart for the Ardhajama Kattalai (midnight service) in the temple. The appellants contended that they were the owners of the suit properties which, they said, were subject to a charge in favour of the Ardhajama Kattalai for the performance of the worship according to a prescribed scale, and that they were entitled to appropriate the surplus income from the suit properties after performing the kattalai in accordance with the prescribed scale. The respondents contended that the suit properties had been co