S. Swamikkannu, J.

1. This is an appeal preferred by the sixth defendant-Commissioner for Hindu Religious and Charitable Endowments, Madras, against the judgment ' and decree dated 12-11-1975 in O.S.No. 309 of 1973 on the file of the Court of the learned Subordinate Judge, Dindigul, decreeing the suit, as prayed for with costs, filed by the first respondent herein - Shri. S. Krishnaswami Swamigal, claiming himself to be the Hereditary Trustee, for cancellation of the order of the appellant herein passed in A.P. No. 35 of 1973 in which it was held that the suit institution is a 'public temple' and not a private Samadhi as claimed by the first respondent herein, for declaration that this institution is a private Samadhi with the first respondent herein as its head and hereditary trustee, for a permanent injunction restraining the appellant herein and respondents 2 to 6 herein from interfering with the first respondent's peaceful enjoyment of the said institution viz., Guruswamy Samathi, Kottakadu, Odukkam, Adiyanoothu Village, Dindigul Taluk, and its properties.

2. The case, as set out in the plaint instituted by the first respondent herein, is briefly as follows:

3. The institu