This is an appeal from the judgment of the Subordinate Judge of Masulipatam, dated 31st January, 1945, by which he dismissed O.S. No. 65 of 1942 on the file of his Court. The appellants were the plaintiffs in the suit and are the trustees of the temple of Sri Vuddandaraya Venugopalaswami Varu of Pedda Maddali. They were appointed trustees on 29th March, 1940, in pursuance of a scheme framed by the Hindu Religious Endowments Board in 1939 for the management of the temple, and they brought the suit to eject defendants 1, 2 and 4 from certain properties and for a declaration that these properties belonged to the temple. The first and second defendants are the archakas of the temple, the third defendant is the hereditary trustee and the fourth defendant was impleaded as a lessee under defendants 1 and 2.

A number of issues were framed in the suit based on the contentions of the parties. Arguments in appeal, however, have been confined to the questions whether the grant of the properties in suit was to the temple and whether, if so, the defendants could be entitled, for any reason, to remain in possession. On those questions the plaint averments are that the properties belong