1. The defendant in the suit has preferred this appeal suit against the judgment and decree dated 29.10.1986 made in O.S.No.10 of 1984 by the Court of Subordinate Judge, Nagercoil.

2. The respondents herein have filed the suit against the appellant Board seeking to set aside the order passed by the Commissioner, Hindu Religious and Charitable Endowment Board in his A.P.No.13 of 1983, dated 30.6.1983 on grounds that one Narayana Perumal, son of Peda Perumal constructed 'Arulmigu Srimen Narayana Temple' at a place Koyyavilai in Neendakari 'B' village in Survey Nos. 10925 and 10928 in an extent of 40 cents of land for the worship of the family members; that there is no idol in the temple and only by litting the light, they used to worship; that the ancestors of the plaintiffs worshipped the temple; that during settlement on the application of Peda Perumal Nadar and Shamugha Perumal Nadar, the ancestors of the plaintiffs, the patta for the temple land had been issued and thereafter, in the partition that took place on 26.9.1121 M.E. among the family members, the name of the temple has been mentioned in the said partition deed, further reciting therein that the temple had to