RAMAMURTI, J. :- This Letters Patent Appeal is from the Judgment of Venkatadri, J. The appellant herein who as the Jaghirdar of Jadaya Goundan Jagir in Kallakurichi taluk. South Arcot, Dt, filed the suit, O. S. No. 24 of 1957, Sub Court, Cuddalore, to set aside the order of the first respondent (the Commissioner, Hindu Religious and Charitable Endowments Board) declaring that the shrine known as "Chinna Thirupathi" Srinivasa Perumal temple situate in the limits of the aforesaid jagir is a temple as defined in S. 6(17) of the Madras Hindu Religious and Charitable Endowments Act, Madras Act XIX of 1951. The jagir is situate in the Kalroyan hills and consists of about 40 villages. One of the villages is known by the name of Chinna Thirucath and there is a shrine and the deity therein is known as Srinivasa Perumal which the plaintiff claims as the family deity of the jagirdars. His case is that the shrine and the deity installed therein belong to the plaintiff and his family, that the temple was being maintained out of the funds of the jagir and that it has never been dedicated for public worship. The Commissioner, Hindu Religious and Charitable Endowments Board, differing fro