1. Second appeal No.1316/2008 has been preferred against the judgment and decree of the learned VI Additional Judge, City Civil Court, Chennai made in A.S.No.482/2007 confirming the judgment and decree dated 31.03.2006 passed by the learned III Assistant Judge, City Civil Court, Chennai in O.S.No.2711/2000.

.2. The suit was filed by the respondent in the second appeal, namely Sree Pravaraswamy

Devasthanam, represented by its hereditary Managing Trustee C.Balaji, against the appellant in the second appeal, praying for a direction against the defendant to vacate and deliver vacant possession of the suit property, for recovery of rental arrears and for recovery of damages for use and occupation on the basis of alleged termination of the lease created in favour of the appellant/defendant. Among other grounds of defence, the suit was resisted on the ground that the same was not maintainable in law, as the respondent temple/plaintiff temple would come within the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. The trial court framed the question of maintainability of the suit as the first issue and three other issues. At the end of trial, t