JUDGMENT.-The plaintiffs are the appellants. They filed the suit in a representative capacity, representing the Boyar community people residing in five groups of villages which are set out in the plaint. The relief asked for in the suit was a declaration that Sri Devi Badra Kaliamman Temple at Gettimmallanpudur, hamlet of Ambarampalayam village, Pollachi Taluk, Coimbatore district, is a religious denominational institution belonging to the religious denomination of the Boyar community residing in the said five groups of villages and that they are entitled exclusively to conduct and manage the affairs of the said temple and to restrain the defendant, their agents, servants and men by a permanent injunction from in any way interfering with the possession, management and administration of the said temple by the plaintiffs. The facts as found by the Court below were these: The said temple was founded by the Boyar community residing in the said five groups of villages a few decades ago and ever since the foundation of the temple, it is only that community people who have been controlling and managing the institution. The trustees of the institution were elected by the villagers belonging to the said community. Plaintiffs 1 to 5 were elected on 16th July, 1957. The income of the temple mainly consisted of the undial collections. Sometimes the trustees appoint committees for the collection of funds and they collect usually at the rate -of Re. per annum from every male major member of the community. One of the trustees is elected by the trustees as their Managing Trustee who is vested with the responsibility for having the pooja conducted in the temple by appointing poojaris etc. The income received in the undial and the collections made were used solely for meeting the expenses of the temple. Though it was further claimed in the plaint that the elected trustees were holding their office for their lives and the managing trusteeship was hereditary, it was not necessary for deciding the suit on these points and the Courts below also have not given any finding. On these facts, the Courts below held that the suit institution is a religious denomination within the meaning of Article 26 of the Constitution.

2. This finding was not challenged by the Department or the second defendant even in the appeal before the lower appellate Court and therefore we have to proceed on the basis that the suit institution is a religious denomination within the meaning of Article 26 of the Constitution.

3. The first defendant is the Commission" er, Hindu Religious and Charitable Endowments. In the written statement, the main plea taken was that the suit was not maintainable in view of the provisions of section 108 of Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959) (hereinafter referred to as the present Act). This contention was accepted by both the Courts below and the suit was held not maintainable. The first question for consideration is whether the present suit for a declaration that the suit institution is a religious denomination within the meaning of Article 26 of the Constitution and that the right to manage and administer the temple and its properties is vested in the Boyar community residing in the five groups of villages, was not maintainable in view of the provisions in the present Act. It is necessary to deal now with the provisions in the Act itself before considering the cases decided on the subject.

4. Section 108 of the Act bars a suit or other legal proceedings in respect of the administration or management of a religious institution or any other matter or dispute, for determining or deciding which provision is made in the Act, except under and in conformity with the provisions of the Act. Section 63 (a), which was relied on by the department provides that the Deputy Commissioner, shall have power to enquire into and decide whether an institution is a religious institution. "Religious institution" is defined in section 6

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