G. Ramanujam, J.

1. This appeal is directed against the judgment and decree of the lower appellate Court in A. S. No. 194 of 1977 remitting the suit O. S. No. 68 of 1976 on the file of the District Munsif, Tirukoilur to decide the question as to who as between the parties to the suit is a hereditary trustee for the suit temple.

2. The circumstances under which the suit came to be filed may briefly be stated : There is a temple called Aviyur Mariamman temple in Aviyur Village, Tirukovilur Taluk, South Arcot District. There is no dispute that the said temple is a public temple. The appellant herein filed an application before the Deputy Commissioner of Hindu Religious and Charitable Endowments under Section 63(b) of the Tamil Nadu Act XXII of 1959 for a declaration that the office of trusteeship in the suit temple is hereditary and that he is the hereditary trustee of the temple. The Deputy Commissioner granted the declaration prayed for by the appellant and the order of the Deputy Commissioner has been marked as Exhibit A-4 in the case, Exhibit A-5 being the certified copy of the annexure to the order. Thereafter there was an appeal against the said order of the Deputy Commiss