Tests for public temple or private temple.

These appeals relate to Sri Dandayuthapaniswami temple at Ayyampalayam, Musiri Taluk, Tiruchirapalli District. It will be convenient to refer to the rank of the parties as mentioned in A.S. No. 63 of 1955. That appeal arises out of a suit, O.S. No. 7 of 1951 originally filed by the first respondent. Respondents 2 and 3 who were impleaded as defendants to the suit were later trans posed as plaintiffs 2 and 3. A.S. No. 131 of 1955 arises out of O.S. No. 8 of 1951 filed by the sixth respondent. The suits were filed under section 57 of the Madras Hindu Religious Endowments Act (Act II of 1927), to set aside a scheme framed by the Madras Hindu Religious Endowments Board in O.A. No. 513 of 1949 for the management of Sri Dandayuthapaniswami temple. The Board, who was the first defendant to the suit, is now represented by the appellant, the Commissioner for Hindu Religious and Charitable Endowments, Madras. Appeal No. 132 of 1955 is filed against the order of the Lower Court in O.P. No. 131 of 1951, which set aside the order of the Hindu Religious Endowments Board in O.A. No. 513 of 1949 which held that the temple was one to which the provisions of Act II of 1927 would apply.

The family of the respondents owned considerable properties in Tiruchirapalli District. More than 100 years ago they had established a chathram for feeding the poor. They had also set apart certain villages, Pallur, Kallur, Ayyampalayam and Kilakudi for the expenses of the charity aforesaid and for other charities. There were two branches of the family tracing their origin to a common ancestor, Thandavaraya Pillai. By the year 1871 one of the branches became extinct. The other was represented by Thandavaraya Pillai, the grandfather of the first respondent. He, out of his private funds, commenced in the year 1883 the construction of the temple for Sri Dandayuthapaniswami at a place situate about 100 feet south of the chathram. The foundation stone for the temple was laid by Sri Narasimha Bharathiswami the then head of the Sringeri Mutt. The construction was completed by the year 1885. In the temple were installed in addition to the principal deity, Sri Dandayuthapaniswami, Sri Parvathi Parameswara, Sri Srinivasa Perumal, Karupanna Swami or Neelamegaswami, the family deity of the respondent, an image of Sri Adi Sankara and also one of the family guru, Sri Narasimha Bharathi. Since then the management of the temple was solely with Thandavaraya and after him with the members of his family, and the expenses were met out of a portion of the income set apart for the charity and also by contributions by the family. Thandavaraya died in 1915. It would be useful to refer to the following geneology to appreciate the questions which arise in the case.

During the lifetime of Thandavaraya there were disputes in the family. A suit for the possession of the chathram properties was filed by Shanmugam against Thandavaraya on the ground that there was a previous partition of the family properties, under which the management of the endowment was to be enjoyed by turns by each of the sharers. Shanmugham’s claims were, however, negatived in that litigation. The judgment of this Court which finally dealt with the matter is reported in Thandavaraya v. Shanmugam1. The quarrels between the members of the family did not, however, stop with the termination of that litigation. Thandavaraya filed O.S. No. 21 of 1913 against Shanmugam and others for partition of the family properties. During the pendency of the suit Thandavaraya died ; Veerabadra and his children were transposed as supplemental plaintiffs to the action. On 27th September, 1916, a decree by virtue of a compromise was passed for partition. In that decree the family temple, chathram, etc., and the properties set apart for the same were agreed to be managed by each of the branches by turns of three years at a time. During the lifetime of Veerabadra there were partition disputes between himself and his two major