The first defendant in O.S.No.63 of 1985 on the file of the Subordinate Judge, Ariyalur is the appellant herein.

2. Thefirst respondent and herein filed the said suit for framing of the scheme in respect of the suit temple and for consequential injunction restraining the appellant herein from interfering with his right to perform the poojas on the festive occasions mentioned in the plaint.

3. The claim of the plaintiff/first respondent herein is that he along with the appellant and the second respondent herein are entitled to perform the poojas on turn system and however the appellant with his man power, interfered with the right of the respondents and hence the suit was laid.

4. The trial court, after considering the evidence on either side, decreed the suit. The appellant herein preferred an appeal in A.S.No.177 of 1990 on the file of the Principal District Judge, Tiruchirappalli, who confirmed the judgment and decree of the trial court and dismissed the appeal. As against the same, the Second Appeal has been filed.

5. At the timeof admission of the Second Appeal, the following substantial question of law was formulated:

“Whether the courts below are right in entertai