Govinda Menon, J.-A dispute having arisen as to whether the Sri Subramaniaswami Temple situated in Pulicat village, Ponneri taluk, is a temple as defined in section 9(12) of the Madras Hindu Religious Endowments Act, it was decided by the Hindu Religious Endowment Board that the institution is a temple as defined in the Act. Thereupon the appellants before us, who claimed that the institution is a private temple belonging absolutely to a family of which they and respondents 2 to 12 formed members filed O.P. No. 3 of 1950 before the District Court of Chingleput under section 84(2) of the Act to set aside the order of the Board deciding that the institution is a temple as defined in the Act. The learned District Judge by dismissing the application confirmed the order of the Board and this appeal is preferred by the aggrieved parties under section 84(3) of the Act.

Section 9(12) of Act II of 1927 which is the statutory provision with which we are now concerned defines a temple as a place, by whatever designation known, used as a place of public religious worship and dedicated to or for the, benefit of or used as of right by the Hindu community or any section thereof as a place of publi

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