These appeals have been directed against the Common judgment and decree, dated 30.08.2000, made in O.S.Nos.9404, 9405 & 9257 of 1994, on the file of the V Assistant Judge, City Civil Court, Madras.

2. The averments in the plaints in O.S.Nos.9404 and 9405 of 1994 and the contentions in the written statement of Defendants 5 and 6 in O.S.No.9257/1994 are as follows:-

(a) Sri Mayuranathar alias Pamban Kumaraguru Dasar Temple, Mayurapuram, Thiruvanmiyur, Madras- 600 041, is popularly known as Pamban Swami Temple. Sri Pamban Kumaraguru Dasar, whose name was Ayyavoo, was born in between 1850 and 1852 in Rameswaram, Ramanad District. His father was Sathappa Pillai, who hailed from Pamban near Rameswaram, and his mother was Sengamalavalli of Rameswaram. This Pamban Kumaraguru Swamigal has taken to ascetic life, when he was aged 45. The said Swamigal, after completing his pilgrimage tour of several holy places, has finally settled down at Madras and died on 30.05.1929. During his lifetime Pamban Swamigal has created a Sabha by his Will dated 17.07.1926. He has also left behind a Codicil, dated 112. 1927. As per the terms of the Will, Late Pamban Swamigal formed a Sabha, namely, Maha Tejo Mandalathar. In the Codicil, Late Pamban Swamigal has made some alterations to the Will. The said Trust is a religious charity consisting of specific endowment and the whole thing has been dedicated to the Hindu community as a place of public religious worship. The Swamigal purchased a land in the name of Mr.T.T.Kuppusami Chettiar, the then Secretary, whose name was referred in the Codicil, at Thiruvanmiyur.

(b) It is seen from Codicil that Late Swamigal has made a provision for sale of his publications to be used for the purpose of the activities of the Sabha. Since Late Pamban Swamigal was a Saint, his body was interned in a portion of the said land. There were daily Poojas and annually Guru Poojas. Late Pamban Swamigal was an ardent devotee of Lord Subramania. A perusal of the Will and the Codicil of the Swamigal will clearly show that his intention was to have a public religious worship of MayuraVahana Sevanam, which he was performing even during his lifetime. It is also seen that permanent structures were put up and idols of MayuraVahananar and Sithi Vinayagar were installed and consecrated and Kumbabishekam was also performed in 1958. A sole idol of Swamiji had been erected and consecrated. There was public contribution. There was also procession of the Ursavar Idols till there was Balalayam. Even after Balayalayam for MayuraVahana Sevenam, there is procession of Vel.

(c) Disputes arose in the year 1971 when the H.R. & C.E. Department called for applications for appointment of Trustees. The said Mr.T.T.Kuppusami Chettiar, filed W.P.No.3501 of 1971 raising a question of jurisdiction of the Department for appointment of Trustees and the same was allowed on 04.09.1973, leaving open the question as to whether the institution in question comes within the purview of the Act or not is a matter to be decided in a regularly instituted action. It was observed that it is open to the Department to initiate suomoto action under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 22 of 1959. Thereafter, the public religious worship continued and there was public contribution.

(d) While so, the said Mr.T.T.Kuppusami Chettiar himself gave a letter on 09.08.1984 to Hindu Religious & Charitable Endowment (Administration) Department, stating that he is conceding that the institution in question is a temple and that it is coming under the provisions of the Act and he wanted a scheme to be framed. Since the rival persons are trying to take over the management, he agreed for handing over the charge of the institution. Then the Deputy commissioner of the Department took charge of the institution and appointed the Executive Officer of Bairagi Madam to manage the affairs of the institution and its properties. Thereafter, the Executiv