The Plaintiffs in OS.No.46 of 1993, aggrieved by the judgment and decree dated 25.2.2005, passed by the Principal Sub Court, Dindigul, have filed this appeal under Section 96 of CPC read with Section 70(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as amended.

2. The suit in OS.No.46 of 1993 was originally filed by V. Ramasamy Pillai. He died during the litigation and consequently, his legal heirs were brought on record as the Plaintiffs 2 to 6 and they are the Appellants herein.

3. V. Ramasamy Pillai had filed the suit under Section 70(a) of the Hindu Religious and Charitable Endowment Act, seeking to set aside the order of the 1st Defendant, who was the Commissioner of Hindu Religious and Charitable Endowment Board, Chennai in AP No. 57 of 1988, wherein by order dated 28.4.1992, the said appeal had been dismissed. A further relief, seeking to declare that the suit property was not a religious institution was also sought.

4. In the plaint, it had been stated that the suit property was actually a Samadhi. The suit property was at Adianoothu Village, Dindigul in S.Nos.812, 813, 814/2 and 816, measuring in all 4 acres 33 cents. However, the relief i