The defendant/ Commissioner, H.R. & C.E. Department, in O.S.No.71 of 1981 is the appellant in the second appeal.

2. The suit was filed by the respondents herein, as representatives of Sengunthar Mudaliar Samuthayam residing at Kottar in Agasteeswaram Taluk, on their behalf and as elected trustees of the said Samuthayam, for declaration that the suit temples were denominational ones and for injunction.

3. Their case was as follows:

Sri Chentra Disai Ventra Vinayagar temple and its sub-temple Sri Mutharamman temple along with their properties belonged to the Sengunthar Mudaliar Samuthayam of Kottar; the temples were founded by the Sengutha Mudaliar community people from out of their own contribution; besides several endowments also had been created and the said temples being maintained and administered by the elected trustees from out of the income from the properties, and the religious services and other festivals in the temples also being regularly conducted by the people of that community pursuant to a scheme in O.S.No.65 of 1116 M.D. on the file of the District, Nagercoil, as confirmed by this Court in A.S.No.633 of 1956; the decree had, thus, confirmed the right of the