Bellie, J.

1. The plaintiffs were the appellants in this Letters Patent Appeal.

2. Sri Kothandaramaswami temple is founded by one P.Venkata Varada Doss in or about 1891 out of his own funds. He, under, a registered Will Ex.B1, dated 9.7.1915, nominated his brother-in-law D.Venkatarangayya to administer the affairs of the temple and accordingly the said Venkatarangayya was in management of the temple till his death on 19.9.1943. The Hindu Religious Endowments Board with whom administration of Hindu temples were vested at that time, in OA. No. 165 of 1935 passed orders Ex.B2, dated 4.10.1935 declaring the temple as an excepted temple under the provisions of Act 2 of 1927on the ground that succession to the trusteeship had been provided by the founder as contemplated in Section 9(5) of the Act 2 of 1927. The said Venkatarangayya executed a Will Ex.B3, dated 9.8.1941 in respect of administration of the temple including its properties. He vested the administration in a committee of five trustees of whom the first four belonged to a different community. It is provided in the Will that the vacancies arising in the Committee of trustees will have to be filled up by co-opting persons