Curgenven, J.

1. The plaintiff sued to establish his right as hereditary trustee of the Sri Papavinasaswami Temple at Vikramasingapuram village in Ambasamudrum Taluk of the Tinnevelly District, and for certain consequential reliefs. The plaint alleges that the Temple Committee, defendant 1, in disregard of the plaintiffs hereditary right as trustee, had held that he had vacated office under Section 51, Madras Hindu Religious Endowments Act and had appointed defendant 2 as sole trustee of the temple. The learned Subordinate Judge of Tinnevelly has found that a suit of this character is barred by the provisions of the Act above referred to, and this is the sole question which we have to decide in appeal.

2. There is ample authority for the view that a suit to establish a personal right of this character does not fall within the terms of Section 92, Civil P. C. It is true that in Subramania Pillai v. Krishnaswamy Somayajiar [1919]42Mad.668 a suit by two out of three trustees of a temple for a declaration that the appointment by the Devasthanam Committee to fill a vacancy in the third trusteeship was invalid was held to fall under that section; but this decision was not approved