1. The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai and the Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai, who figured as the defendants in O.S.No.4429 of 1989 on the file of the V Assistant Judge, City Civil Court, Chennai are the appellants herein. Sree Ayyappa Baktha Sabha represented by its Secretary K.V.Thangappan Nair, the plaintiff in the above suit, is the respondent in this appeal.

2. The respondent/plaintiff filed a petition before the Deputy Commissioner of Hindu Religious and Charitable Endowments Administration Department, Chennai in O.A.No.4/1984 under Section 63(a) of the Tamil Nadu Act 22 of 1959 for getting a declaration that Sree Ayyappa temple constructed by the respondent/plaintiff sabha in the property bearing New No.45, (Old No.28), Sir Madhavan Nair Road, Madhavan Nair Colony, Nungambakkamm, Madras-600 034 was not a Hindu public religious institution coming under the purview of the said Act and that it was a private temple which came into existence for the benefit of the members of the Sabha. The said application was filed pursuant to the steps take