Sadasivam, J. — Appellants claim to be the owners and hereditary trustees of Sri Kailasanathar Samadhi in Padi village. But their claim was negatived by the Deputy Commissioner, Hindu Religious and Charitable Endowments Board and their appeal was also dismissed by the Commissioner, Hindu Religious and Charitable Endowments. as evidenced by the order Exhibit A-1. They filed O.S. No. 82 of 1961, on the file of the Sub-order ate Judge’s Court, Chingleput, to set aside the order of the Commissioner, but the suit was dismissed with costs and hence they have preferred this appeal.

2. Sri O. V. Baluswamy appearing for the appellants urged that the suit institution is a samadhi and that in the alternative it is a private temple over which the Endowments Board cannot exercise any jurisdiction under the Hindu Religious and Charitable Endowments Act. The learned Subordinate Judge, who tried the suit, has discussed the evidence in paragraphs 7 and 8 of his judgment and found that the suit institution is not a samadhi, but a temple. He has rightly rejected the evidence of the appellants, who examined themselves as P.Ws.1 and 2 in the suit. Exhibit B-6 is a photo of the stone inscription found at

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