Sadasivam, J.- Appeal by the defendants in O.S. No. 46 of 1961 on the file of the Subordinate Judge’s Court, Nagapattinam, against the decree and judgment of the learned Subordinate Judge of Nagapattinam upholding the claim of the respondent-plaintiff K.Sidhdhivinayaga Mudaliar that he is the hereditary trusee of the temples of Sri Venugopalaswami and Sri Ramaswamiperumal at Madapuram, hereinafter referred to as the suit temples, and setting aside the order of the Commissioner for Hindu Religious and Charitable Endowments Board, Madras, confirming the order of the Deputy Commissioner for the Hindu Religious and Charitable Endowments Board, Thanjavur.

2. The several prior proceedings with regard to the suit temples are relevant in deciding the claim of the respondent-plaintiff. The suit temples are ancient temples. It appears from the order, Exhibit A-5 that the earliest document in which the suit temples find a place is the Paimash Account for fasli 1239, which contains an entry showing that the suit temples must have been in existence even prior to fasli 1216, corresponding to the year 1805. The defendants relied on Exhibits B-1 to B-14, which are cash security bonds and muchilikas

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