Alfred Henry Ltonel Leach, C.J.

1. The appellants were the plaintiffs in the Court below. They claim that the first appellant is the Board, hereditary trustee of the Sri Radhakanta Mahaprabho temple of Bhavanipur. By an order dated 16th October, 1928, the Board of Commissioners for Hindu Religious Endowments framed a scheme for the management of this temple under the provisions of Section 57 of the Madras Hindu Religious Endowments Act, 1927. In spite of contentions by the appellants to the contrary the Board refused to recognise the temple as being an excepted temple within the meaning of Section 9(5) of the Act and rejected the claim set up by the appellants that their family possessed the hereditary right of appointing a member as trustee of the temple. On this basis the Board decided that there should be a council of three trustees and placed the management of the temple in the hands of this council. No member of the appellants family was, however, appointed to this council of trustees. The appellants were not satisfied with the Boards decision and instituted the suit out of which this appeal arises, as they had the right to do under Section 57(3) of the Act. The learned