Chandra Reddy, C.J.-

This appeal is filed against the judgment of our learned brother Ramakrishnan, J., in Appeal No. 27 of 1959. The dispute relates to the Ellaichandu Chettimai Vinayakar Koil in Coimbatore. A petition was filed under section 84 of the Madras Hindu Religious Endowments Act for declaring it to be a private temple. This petition was dismissed by the Board on the ground that it was a temple within the purview of section 9(12) of the Act. The aggrieved party presented a petition under section 84(2) and (3) of the Act (II of 1927) as amended by Act X of 1946 to set aside that order. Being of the opinion that the institution in question was a temple within the definition of section 9(12) of Act, the District Judge, Coimbatore, dismissed that petition. It is this judgment that was challenged in Appeal No. 27 of 1959. Concurring in the conclusion of the trial Court as to the character of the temple, Ramakrishnan, J., dismissed the appeal.It is this view of the learned Judge that is under challenge in this Letters Patent Appeal.

The contention raised by learned Counsel for the appellant is that there are no features in this case which would justify the conclusion of the Cour

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