The Judgment of the Court was delivered by Govinda Menon, J.-These two appeals arise out of O.P.No. 27 of 1948 in the District Court of East Tanjore, which was a petition under section 84 (2) of the Madras Hindu Religious Endowments Act, to set aside the decision of the Hindu Religious Endowments Board, in O.A.No. 279 of 1946.

Sri Thiagarajaswami Devasthanam, Tiruvarur, in Tanjore district, is a famous Hindu religious institution and in the Ulthurai kattalai attached to that temple, it is common ground, that the hereditary trusteeship vested in two families, viz., the Bava family and the Vadapathimangalam family. Bava Vaithilinga Mudaliar and V.S. Thyagaraja Mudaliar were the two trustees of this kattalai, each of whom representing his own family, before the death of Vaithilinga Mudaliar on 6th April, 1943, leaving him surviving a widow a daughter, a daughter’s son and two brothers, viz., Bava G. Gopalaswami Mudaliar and Bava Panchapakesa Mudaliar. On account of disputes as to who should succeed to the hereditary trusteeship of the Ulthurai kattalai in the place of the deceased Vaithilinga Mudaliar, one of his undivided brothers Bava Gopalaswami Mudaliar, filed O.S.No. 117 of 1946 o

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