This appeal by the plaintiff arises out of a suit to set aside an order of the Deputy Commissioner of the Hindu Religious and Charitable Endowments dated 19th April, 1956, as confirmed by the Commissioner on 27th July, 1956, on appeal. By that order, the Deputy Commissioner declined to recognise the plaintiff as the hereditary trustee of Tirumudi Vinayagar and Chelliamman Temples at Tiruvanmiyur in Saidapet Taluk. The trial Judge agreed with the view of the Department and dismissed the suit. He was prepared to say that the oral evidence on behalf of the plaintiff showed that he and his ancestors were looking after the affairs of the Vinayagar Temple; but, at the same time, he thought that there was documentary evidence to hold that the plaintiff’s claim to hereditary tursteeship had not been proved.

This is a case of two small temples of which Chelliamman Temple has no endowments whatever. Tirumudi Vinayagar has been endowed with an extent of 1 acre 31 cents of wet land. Except for this, the Vinayagar Temple appears to own no other property. Even in respect of the land endowed for the support of the Vinayagar Temple, the question whether it is a service inam may arise, but