These two appeals have been preferred against the common judgment and decrees of the Trial court dated 212. 1996 made in O.S.No.252/1991 and O.S.No.251/1991.

2. The circumstances under which these appeal happened to be preferred, can be briefly stated as follows:-

i) The appellant in both the appeals filed an application before the Deputy Commissioner (HR & CE), Tiruchirapalli for a declaration under Section 63(b) of the Hindu Religious and Charitable Endowments Act, 1959 that he was holding office as a hereditary trustee of Sri Vinayagar temple, Sri Pidari temple, Sri Ayyanar temple and Sri Mariamman temple at Ko-Poovanur village in Vriddhachalam Taluk, Cuddalore district. The said claim was made on the basis of his contention that the temples were founded by his forefather Chinnasamy Iyer and the management of the temple continued to vest with the members of the appellants family hereditarily from generation to generation; that the name of the appellants grand father had been inscribed on the "Thiruvachi" and that the entire 6.35 acres of land belonging to the temples continued to be in the possession and enjoyment of the appellants grand father, after his death in the enjoyment of the father of the appellant and then at last in the possession and enjoyment of the appellant. It was his further contention before the Deputy Commissioner (HR & CE), Tiruchirapalli that they were doing daily pooja and Neivathyam with the income derived from the above said land; that they were doing it in their capacities as hereditary trustees of the temples and that the further fact that all panchaloga Vikrahas and jewels of the temples were in the custody of the appellant and before him his father and before him his grand father, would be a clear evidence to show that the appellant was the hereditary trustee of the temples.

ii) The said application filed under Section 63(b) of the Hindu Religious and Charitable Endowment Act, 1959 was initially taken on file as O.A.No.125/1978 by the Deputy Commissioner (HR & CE), Tiruchirapalli on his file. After enquiry, the said application was dismissed. The Commissioner (HR & CE) allowed an appeal filed by the appellant herein and remitted the matter back to the Deputy Commissioner (HR & CE) for fresh disposal after further enquiry. After remand, the said application was re-numbered as O.A.No.16/1983 on the file of the Deputy Commissioner (HR & CE), Tiruchirapalli.

iii) When the said petition was thus pending before the Deputy Commissioner (HR & CE), Tiruchirapalli one Venkatarama Reddiar, the second respondent herein, got himself impleaded in the said application by filing an application for impleadment, which was ultimately allowed by the Deputy Commissioner (HR & CE). The second respondent also filed a parallel application, which was taken on file by the Deputy Commissioner (HR & CE) as O.A.No.64/1983, for declaring him to be the hereditary trustee of the above said temples.

iv). A common enquiry was conducted in both the applications by the Deputy Commissioner (HR & CE) and at last, on 11.08.1996, the Deputy Commissioner (HR & CE) passed a common order dismissing the application filed by the appellant (O.A.No.16/1983) and allowing the application filed by the second respondent herein (O.A.No.64/1983). As against the said orders, the appellant preferred two appeal petitions before the Commissioner (HR & CE) in A.P.No.48/1986 and A.P.No.50/1986. The Commissioner (HR & CE), by orders dated 30.07.1991 and 31.07.1991 dismissed both the appeals (A.P.No.50/1986 and A.P.No.48/1986).

v) Challenging the said orders and praying for decrees setting aside the above said orders of the Commissioner (HR & CE), the appellant herein filed two suits O.S.Nos.251/1991 and 252/1991 on the file of the Subordinate Judge, Vriddhachalam under Section 70 of the Hindu Religious and Charitable Endowments Act, 1959. The said suits were resisted by the Commissioner (HR & CE) and Venkatarama Reddiar, the present responden