The 6th defendant-Executive Officer of Sri Kallalagar Devasthanam, Alagarkoil is the appellant. The suit by the 1st respondent-2nd plaintiff and the deceased 1st plaintiff is for declaration that the plaintiffs are entitled to keep undial in the Samayamandapam constructed by the plaintiffs ancestors for collections during Chitrai Festival and appropriate the said collections to themselves and for consequential permanent injunction against the defendants.

2. The 1st plaintiff died pending suit. His only heir was impleaded as the 7th defendant in the suit, who is the 7th respondent in this appeal. The said 7th respondent is not making any claim. The 2nd plaintiff alone pursued the suit claim.

3. The suit is admittedly under S. 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as ‘the Act’). Earlier, the plaintiffs sought the same relief before the Deputy Commissioner under S. 63(e) of the Act. But the said relief was negatived by the Deputy Commissioner. Subsequently, the Commissioner also confirmed the decision of the Deputy Commissioner. Hence the present suit was filed. The plaintiffs succeeded before the trial Court and th