Panchapakesa Ayyar, J. (sitting alone).-O.S. A.No. 47 of 1949 had been filed against the judgment and decree of our learned brother, Panchapagesa Sastri, J., dated 22nd April, 1949, in O.P. No. 117 of 1948, dismissing that O.P. which had been filed by one Mahadeva Gurukkal, for setting aside an order of the Hindu Religious Endowments Board, holding Sri Vallabha Vinayagar Temple, situated in No. 176, Anna Pillai Street, G.T., Madras, as a “temple” under section 9 (12) of the Hindu Religious Endowments Act. Panchapagesa Sastri, J., had dismissed that O.P. and held the temple in question to be a public temple under section 9(12) of the Act for various reasons. The main ones were seven: firstly, there was no evidence to prove the contention of Mahadeva Gurukkal that the temple was founded by his ancestors; secondly, the evidence let in by the respondents showed conclusively that the Hindu public of that locality (the Kotwal Chavadi area) were worshipping in the temple as of right, without taking any permission from the petitioner or his predecessors-in-title; thirdly there were utsava vigrahams in the temple which were often taken out in procession for worship by the Hindu public, part

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