Venkataraman, J.- This is an appeal by the plaintiff, whose suit has been dismissed by the learned Subordinate Judge of Tirunelveli. The plaintiffs filed the suit in a representative capacity under Order 1, rule 8 of the Code of Civil Procedure for a declaration that a particular temple in their village, Sivaguru-nathapuram, belongs exclusively to the community of the plaintiffs residing in that village, namely, Hindu Nadars, and that it is a denominational temple within the meaning of Article 26 of the Constitution of India. The suit was necessitated by the fact that the Hindu Religious and Charitable Endowments Department (defendant in the suit) was trying to interfere with the management of the temple by the plaintiffs and was seeking to appoint some trustees. The plaintiffs contend that the defendant is not entitled to interfere with their management and they seek the necessary declaration and injunction.

2. The defendant filed a written statement disputing the claim of the plaintiffs that the temple was a denominational temple. They further contended that, even if it was a denominational temple, they were entitled to exercise supervisory control. An enquiry was pending under se

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