Satyanarayana Rao, J.-This is an appeal under section 84(3) of the Madras Hindu Religious Endowments Act (II of 1927), as amended by Madras Act X of 1946, against the order of the learned District Judge dismissing the appellants’ petition under section 84)2)of the Act.

The facts relating to this matter have been fully set out in the judgment of my learned brother which he is about to deliver and which I had the advantage of perusing, and therefore, need not be set out in great detail. One Venkataswami Servai executed on 18th March, 1920, a deed of gift (Exhibit R-2) declaring that he had already endowed nineteen acres, ninety-eight cents of nanja land to Alagarswami temple devasthanam and that the temple was already under construction.

He also expressed in that document his intention to have the deity Alagarswami installed in the building which was then under construction and to have kumbabhi-skekam performed after completion of the building. Under this deed he appointed two trustees, besides himself, Kamakshi Servai and Algar Servai, and laid down the duties to be discharged by the trustees. He, being the founder of the charity, laid down the rules for the devolution of the