Satyanarayana Rao, J.-The plaintiff whose suit has been dismissed on a preliminary point by the lower Court is the appellant in this appeal. The suit was instituted under Order 1, rule 8 of the Civil Procedure Code, with the leave of the Court on behalf of the Gowd Saraswat Brahmin community in South Kanara; and two reliefs were claimed in the plaint with reference to the suit temple which is at present being managed by an executive officer appointed by the Madras Hindu Religious Endowments Board in 1939 as the temple was notified under the Act (vide Ex. B-i). The reliefs which the plaintiff claimed in the plaint were two: (1) a declaration that the first defendant temple belongs to and it is the exclusive right of the members of the Gowd Saraswat Brahmin community of South Kanara who alone have the exclusive right of management and performing the puja therein; (2) a permanent injunction restraining the second defendant from introducing any form of agama ritual or mode of worship in the said temple other than the existing form, contrary to the well-established custom and usage. The suit was instituted on the 16th of April, 1947, and the objection taken was that the suit was barred

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