This is an appeal against the order of Krishnaswami Nayudu, J., in O.P.No.203 of 1949. The point for decision is whether the Sri Veda Vinayaka alias Sarvasiddhi Vinayakar Temple at No.187, China Bazaar Road, Madras, is a temple as defined in section 9(12) of the Madras Hindu Religious Endowments Act. The Hindu Religious Endowments Board held an enquiry under section 84(i)(a) of the Act and passed an order on 27th December, 1948, holding that the temple in question was a public temple falling within the scope of section 9(12) of the Act. Thereupon the respondent filed O.P.No.203 of 1949 on the file of the Original Side of the Court for setting aside that order on the ground that the temple was a private one. Krishnaswami Nayudu, J., agreed with this contention and set aside the order of the Board. It is against that order that the present appeal has been preferred by the Board.

Mr. Ramaswami Reddi, the learned advocate for the appellant, has taken us through the entire evidence, and after hearing him fully we are satisfied that the learned Judge has come to the correct conclusion on the facts. The broad features on which the appellant relies are:

(1) that when thi