A.K. Raj an. J.

1. This Letters Patent Appeal is against the judgment of the learned single Judge in A. S. No. 157 of 1983.

2. The respondents herein are the legal heirs of the plaintiff in O.S.No.158 of 1980 on the file of the Subordinate Judge, Tiruvannamalai. The plaintiff in that suit claimed that he was the trustee of Gopal Pillaiyar Temple, Tiruvannamalai. He filed an application before the Deputy Commissioner, Hindu Religious and Charitable Endowments Department in O.A.53 of 1977 claiming that he was the hereditary trustee of the temple. His claim was rejected by the Deputy Commissioner; against that, he filed an appeal in A. P. No. 172 of 1978 before the Commissioner, H.R.& C.E; that appeal was also dismissed. Thereafter, he filed statutory suit in O.S.No.158 of 1980 before the Subordinate Judge, Tiruvannamalai to set aside the order passed by the Commissioner as well as the Deputy Commissioner and to declare that the plaintiff the hereditary trustee of the suit temple and for further direction.

3. The case of the plaintiff is that he is the hereditary trustee of Gopal Pillaiyar Temple; the revenue records show that his ancestors were recognised as trustees; i