Alfred Henry Lionel Leach, C.J.

1. This appeal came in the first instance before Venkataramana Rao, J, but as the, learned Judge was of the, opinion that its decision involved the consideration of the judgments of this Court in two cases which seemingly were in conflict he adjourned the hearing in order that the appeal might be placed before a Bench. The two decisions referred to by the learned Judge were decisions of Division Benches and in consequence it was deemed advisable that the appeal should be decided by a Full Bench. The two cases referred to by the learned Judge are Ponnu Nadar v. Kumaru Reddiar (1935)69MLJ739 and Appa Rao v. Secretary of State for India in Council AIR1938Mad193 . They will be referred to in detail presently, but as it appears to us that this appeal involves the consideration of facts which are not common to the other two cases it is necessary to set out in Some detail what the fasts are.

2. The suit out of which this appeal arises was fried by the first respondent in the Court of the District Munsif of Chidambaram for an injunction restraining the trustee and the archakas of the Sri Bhuvarahaswami temple at Srimushnam from interfering with the per