JUDGMENT :

N.V. RAMANA, J.

1. This appeal is directed against judgment dated 27.11.2008, passed by the High Court of Judicature at Madras in Appeal Suit No. 128 of 2000, whereby the appeal filed by the appellants under Section 70(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter “the Act”) was dismissed.

2. The short issue before us relates to the nature of the institution called “Bakers Choultry” situated at no. 23, South Mada Street, REPORTABLE Mylapore, Chennai-600004, as well as the nature of the endowment it has been burdened with.

3. The genesis of this dispute lies in the year 1987, when the appellants’ predecessor-in- interest filed an application under Section 63(a) of the Act before the Deputy Commissioner, Hindu Religious and Charitable Endowments Administration Department, Madras for a declaration to the effect that the “Bakers Choultry” is a private property belonging to him, with a duty cast on him to perform certain private charities. This application was dismissed vide order dated 19.03.1990 and the appeal against the above order, before the Commissioner, Hindu Religious and Charitable Endowments Administration Department, Madras, als