Abdul Hadi, J.

1. Against the dismissal of O.S. No. 536 of 1977 on the file of Sub Court, Madurai, the plaintiff has preferred this appeal. This suit is under Section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for setting aside the order of the Commissioner under the said Act dated 10.2.1977 in the plaintiffs own appeal in A.P. No. 153 of 1975. The said order of the Commissioner confirmed the dismissal of O.A. No. 15 of 1973 by the Deputy Commissioner under the said Act. The said O.A. was filed by the plaintiff under Section 63(b) and (c) of the above said Act for a declaration that the charity mentioned in the will dated 12.12.1937 executed by one Ammakutti Ammal was not a "religious endowment" (as defined under Section 6(17) of the said Act) and that, even assuming the said charity, was a religious endowment, the plaintiff was the hereditary trustee of the said endowment.

2. The Deputy Commissioner, while dismissing the said O.A. No. 15 of 1973, held that the said charity would come under the definition "specific endowment" under Section 6(19) of the said Act and that the plaintiff was not the "hereditary trustee of the said endowment as define