JUDGMENT :- The plaintiff in O.S. No.13 of 1973 on the file of the subordinate Judge of Coimbatore, originally preferred this appeal. The original appellant died pending the appeal and his legal representative being his son is on record as the appellant. The respondents in the appeal are the defendants in the suit. The suit was laid under S.70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, XXII of 1959. to set aside the order dated 13-10-1972 of the fourth defendant in A. P. No. 40 of 1971 and to declare that the plaintiff is the hereditary trustee of the Ellai Chandi Vinayakar Temple in Coimbatore. The entire gamut of the facts need not be set out in this judgment for the simple reason, the controversy has boiled down to a particular aspect as to whether hereditary trusteeship, which was admittedly in existence, was lost by relinquishment as reasoned by the fourth defendant in his order and which has found countenance before the Court below. This appeal is directed against the judgment and decree of the Court below when it dismissed the suit of the plaintiff.

2. The temple is admittedly a public temple, Equally so, it is admitted that the trusteeship of t