This is an appeal against the decree of the Sub-Court of Tuticorin in O.S.No.39 of 1956 setting aside the order of the Commissioner, Hindu Religious and Charitable Endowments declaring that the plaint properties are not dedicated to any specific purpose and issuing an injunction restraining the appellant from interfering with the respondent’s management of them.

The properties in dispute are comprised in three schedules, the first two being house sites with buildings thereon the third being a Nandavanam. Certain merchants in Tuticorin who were engaged in the export of onion to Ceylon formed themselves into an association called Thuthukudi-Kozhumbu Vyaparikalin Thuthukudi Sri Subramania Swami Mahimai Paripalana Sangam. At its inception and for a long time thereafter till 1930, the association was an unregistered one. The association collected, from its members some Mahimai contributions at a particular rate for consignments of onions made by them to Ceylon. A Mahimai is a donation for charity consisting of a fixed percentage on the sales or profits on commercial transactions done by the donor. The Association performed a number of festivals and charities from out