The defendant-Assistant Commissioner of the Hindu Religious and Charitable Endowments (Administrative) Department is the appellant in this second appeal against the reversing judgment in A.S.No.18 of 1980 on the file of the Additional Sub Court, Tuticorin. The suit O.S.No.135 of 1977 cm the file of the District Munsifs Court, Tuticorin was filed by the five respondents-plaintiffs as representatives of Hindu Nadar Community of Sebathiapuram, hamlet of Sawyerpuram, Srivaikuntam Taluk. It is for a declaration that the suit temples viz., Muthumalai Amman Temple, Narayanaswamy Temple and Ananda Vinayagar temple are denominational temples belonging to the abovesaid plaintiffs’ community and for a consequential permanent injunction.

2. The main defence to the suit is that the said Temples are not such denominational temples. One other defence is that the suit is bad for misjoinder of necessary party viz., the Commissioner, H.R. & C.E. Department, Madras. The trial court, though held that the suit is not bad for mis-joinder of necessary party as claimed by the defendant, accepted the defence that the suit temples are not denominational temples and so dismissed the suit. The pla