Since both the appeals relate to a common issue, they are being disposed of in common.

2. The plaintiff, who is the appellant in A.S.No.1280 of 1994, filed a statutory suit in O.S No.3988 of 1990 before the V Assistant City Civil Court, Madras under Section 70 (1) of the H.R. & C.E. Act 22 of 1959 (in short “the Act”) in order to set aside the order dated 212. 1989 passed by the Commissioner, H.R. & C.E. Madras – 34 passed in A.P. No.107 of 1987 under Section 69(1) of the Act. The statutory suit was dismissed by the V Assistant Civil Court, Madras by a judgment and decree dated 25.01.1994 against which the present appeal by the appellant.

3. The case of the appellant is as under:

a. There is a private temple dedicated to the worship of Sri Varasiddhi Vinayagar situated in Door No.E-96/A, 17, I Avenue, Besant Nagar, Madras – 600 090. An idol of Sri Varasiddhi Vinayagar was first installed and worshipped by one Balaramamoorthy Naidu of the locality in the land belonging to the Housing Board and the said Balaramamoorthy Naidu was continuing his personal worship for some years and there was no dedication to the said deity either by way of any property or by way of any publ