JUDGMENT :- This second appeal has been preferred by the second defendant in a suit for recovery of a sum of Rs. 980 against the defendants, by the first respondent as the general trustee of a temple. The basis of the suit is a joint memo which the second defendant and the first defendant by his mother as guardian, the defendants acting through their counsel filed, the other party to the memorandum being the general trustee of the temple the memo being filed on an application under S. 87 of the Hindu Religious and Charitable Endowments Act, 1951. Under the compromise memorandum, the defendants had covenanted to put 70 cents of the Nandavanam poromboke land, which they were alleged to have unlawfully converted into wet land, to the best use and pay whatever income was realised therefrom to the general trustee of the temple with the sanction of the Deputy Commissioner for Hindu Religious and Charitable Endowments. The allegation in the plaint is that the defendants had failed to pay the amounts as covenanted in spite of sanction having been obtained. The suit was originally filed in the Sub-Court, Tirunelveli, as a small cause suit and later by an administrative order transferred to

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