Spencer, J.

1. Sivaji, the last Rajah of Tanjore, died in 1855. After his death the East India Company took possession not only of the Raj of Tanjore and the private properties of the late Rajah, but also certain pagodas and devasthanams which had been in his possession and management up to the date of his death. It was held by the Privy Council that the East India Companys usurpation of this property amounted to an act of State of which the ordinary Civil Courts could not take cognizance. Subsequently the Senior Rani Kamakshi Bai Saheba petitioned Government for a restoration of the estate and also of the devasthanams. The estate was restored by proceedings of the Madras Government, dated 21st August, 1862, which we have dealt with in another place. The order restoring the devasthanams was dated the 19th March, 1863.

2. In her memorial, dated the 24th December, 1862, Kamakshi Bai Saheba prayed that the pagodas and charitable institutions which had been founded from time to time by members of her family might be made over to her as the head of the family for the time being. She mentioned in her memorial that Mr. Phillips, the Commissioner of Tanjore, had in 1858 recommended the Government to make over these endowments to Sakharam Saheb, husband of the Princess, and that the Government refused to accept that recommendation. The Government Agent, in forwarding Kamakshi Bais memorial, recommended her prayer to be granted on the ground that it was highly desirable that all connection with these religious institutions on the part of Government should cease. The Governor in Council concurred with the Agents recommendation and ordered the pagodas to be made over to the Rani. In doing so, the Government did not indicate the course of succession to be followed in the management of these endowments after Kamakshi Bais death. Accordingly she managed the institutions till 1892, when she died.

3. Upon her death Government again took possession of the devasthanams and put them under the management of the Temple Committee of Tanjore. The next Senior Rani Umamba Bai brought a suit (O.S.No. 3 of 1894) for the recovery of these devasthanams and their endowments, basing her title on the fact that she was the Senior Rani and head of the family. She impleaded the Secretary of State for India, the members of the Tanjore and Kumbakonam Devasthanam Committees and the other Ranis as defendants in her suit. In a careful judgment, in which he set out the history of these institutions, Mr. Venkobachariar, then Subordinate Judge of Tanjore, came to the conclusion that the Government had no right to resume, or in any way interfere with, the management of the temples after granting them in favour of Kamakshi Bai, that they devolved as impartible property and that by the State grant restoring them Kamakshi Bai acquired heritable interestes in the properties. He decreed the suit in plaintiffs favour. There was an appeal to the High Court, which was heard by Shephard and Davies, JJ. Those learned Judges dismissed the appeal holding that the estate taken by the Senior Rani was in the nature of self-acquired property in her hands in the sense that her rights were derivative from Government and had no relation to inheritance on the death of the Rajah. They inferred from the fact that the plaintiff was chosen as the person to whom the trust should be made over in her capacity of widow of the late Rajah, that the intention of the Government was to grant her a widows estate, that is, to put her in the position which she would have enjoyed had there been no confiscation on the death of her husband the Rajah.

4. Alter the death of Umamba Bai, the devasthanam estate was managed by each of the widows who in turn became senior widow until the last widow Jijamba Bai died in 1912. Disputes then arose between the children of the Rajahs sword wives, who are known as Mangala Vilas people, and the sons of the adopted son, who are defendants 1 and 2. The former brought O.S.