JUDGMENT :- Defendants 1 to 3 are the appellants. The suit was filed on behalf of Kaliamman Koil of Virudhunagar by one Mahalingam, claiming to be a representative of the residents of Arunthathiar second street, Virudhunagar Town, praying for a declaration that the suit property belongs to the Kaliamman Koil in Arunthathiar second street, Virudhunagar, and for recovery of possession and costs from defendants 1 and 2, who claim to have taken a sale of the suit property from the third defendant under Ex. A-l dated 16-1-1957. It was alleged in the plaint that the third defendant had been removed from trusteeship as he had been acting adversely to the interest of the trust. Permission was given to Mahalingam to sue in a representative capacity under Order 1, Rule 8, C. P. Code. Defendants 4 and 5 are worshippers. It was alleged that they were elected trustees in the place of the third defendant.

2. The third defendant denied the title of the residents of the aforesaid suit and contended that the temple belonged to him and his group of people and that the plaintiff was not entitled to any relief. Several other contentions regarding the maintainability of the suit, particularly u