AR. LAKSHMANAN, J.

The plaintiff who succeeded before the Sub-Court, Tirunelveli and unsuccessful before the learned single Judge of this Court, is the appellant in this Letters Patent Appeal.

2. The short facts of the case are as follows: The appellant filed O.S. 130/80 on the file of the Sub-Court, Tirunelveli under Section 70 of the Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act) for setting aside the order passed by the Commissioner, H.R. and C.E. in A.P. No. 191 of 1976 which arose out of a petition filed by him before the Deputy Commissioner in O.A. No. 21/1976 for declaration that the Dakshinamoorthy Madam is not a math within the meaning of the Act. The Deputy Commissioner dismissed the said O.A. No. 21/76 and on appeal, the Commissioner confirmed the same. Therefore, to set aside the order of the commissioner and to declare that the said Dakshinamoorthy Madam is not a Math, the suit has been filed.

3. According to the appellant, the suit property is described as Dakshinamoorthy Madam and in the suit property, there is a samathi of Michael Siddar who is admittedly a christian whom Vedanayagam Sami, the testator of the will E