Alfred Henry Lionel Leach, C.J.

1. This reference arises out of a suit filed by the appellant in the Court of the Subordinate Judge of Sivaganga to establish the title claimed by him to the office of Pandarasannadhi, or mahant, of the Tiruvannamalai math in the Ramnad District. In his plaint the appellant asked the Court to pass a decree in his favour for inter alia the following reliefs:

(a) Declaring that the first defendant is not entitled to be the Pandarasannadhi of the Thiruvannamalai Athinam and (by way of consequential relief) ejecting him from the office of Pandarasannadhi of the Athinam and restoring its possession to the plaintiff as the only Thambiran of the Athinam qualified and entitled to its headship or at least to be in charge of the math and its properties till a new Pandarasannadhi comes."

"(b) Restraining the first defendant by a perpetual injunction from in any way interfering with the spiritual or secular affairs of the Athinam.

2. The respondent was the first defendant, who claims to be the lawful holder of the office. It is admitted that he is in possession of the properties, but notwithstanding the terms of paragraph (a) of the prayer the appellant said