JUDGMENT : - The unsuccessful plaintiff is the appellant before me. He filed O.S. No. 313 of 1975 on the file of the Court of the Subordinate Judge, Tiruchirapalli, praying for declaration that the Institution " Sri Ramar Madalayam" is a private institution and not a public one. There has been a further prayer to modify or cancel the order passed by the Commissioner of Hindu Religious and Charitable Endowment Board dated 1-11-1974 in A. P. 83 of 1973.

2. The allegations as averred in the plaint are as under : - One Veeraswami Naidu, the maternal grandfather of the plaintiff, executed a will dated 26-9-1899 and a codicil dated 4-7-1900. He founded the Private place of worship known as "Sri Ramar Madalayam" in Naciar Koil Road at Woriyur in Tircuchy Town as his own private property. The plaintiff is in management of the same as per the terms of the will. The said Sri Ramar Madalayam is not a religious institution coming within the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act (Act 22 of 1959): It is a private endowment belonging to the family of the founder. It was never dedicated to the general public as a place of public worship nor do the general