Ramachandra Iyer, C.J.,-

The appellant filed an appplication under the provisions of section 57 (b) of the Madras Hindu Religious and Charitable Endowments Act, 1951, for a declaration that he was a hereditary trustee of Sri Gurunathawsami Temple, having been elected as a trustee by the Koilkudigals as per usage prevailing. The Deputy Commissioner held that he did not acquire any hereditary right to the office by virtue of the election and rejected the petition. On an appeal to the Commissioner, that order was set aside. The aggrieved persons later filed a suit under section 62 (3) of the Act for setting aside the order of the Commissioner In that, they were successful. The judgment of the learned Subordinate Judge in that case had been affirmed by Ramakrishnan, J. Hence this appeal.

The case for the appellant is that the temple was originally founded and its properties endowed by one Sivagurnatha Pillai, who appears to have died more than 100 years ago. It is said that he managed this temple in his lifetime and that he did not prescribe any line of devolution for the trustees to follow him. The consequence, according to the appellant, was that his descendants who are now known as Ko

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