The question in the second appeal is whether it is not open to the civil Court to examine whether an order made under section 29 (1) of Madras Act (XIX of 1951) is not in conformity with the requirements prescribed in it. Disagreeing with the trial Court, the lower appellate Court held that there was no such jurisdiction in the civil Court and in that view allowed the appeal and dismissed the suit. The aggrieved plaintiffs have filed the second appeal.

The suit was filed by the plaintiffs as persons interested for a permanent injunction restraining the defendant temple from selling the suit lands. The suit lands are of an extent of one acre and 42 cents which were endowed by one Raghava Nandiar by a trust deed, dated 23rd November, 1914, for the performance of abishekam to Sri Swaminathaswami deity on the occasion of Skandasashti in the month of Arpasi each year at a cost of Rs. 5 and for feeding of one paradesi every day on a scale of half a Madras measure of rice. The donor first nominated Vasudeva Nandiar as a trustee to conduct the charity after his lifetime and provided that after the lifetime of Vasudeva Nandiar, the trustees of the temple should take over the prope