1. This Appeal had been filed by the defendants in O.S. No. 183 of 1990 on the file of the First Additional Subordinate Court, Nagercoil. O.S. No. 183 of 1990 had been filed by the first plaintiff, the Parvathipuram Gramam Brahmana Samudayam Trust, represented by its Trustees and Manager and by the Trustees who were shown as plaintiffs 2 to 13 against two defendants namely, the Commissioner of HR and CE Administration Department, Madras and Assistant Commissioner of HR and CE Administration Department, Nagercoil. It was filed under Section 70 of the Tamil Nadu HR and CE Act 1959, seeking a Judgment and Decree to set aside and reverse the order passed by the first defendant on 31.07.1990 and declare that Sree Venugopalaswamy Temple in Parvathipuram, is a private temple and belongs to the first plaintiff.

2. This suit came up for consideration before the First Additional Subordinate Court, Nagercoil and by Judgment and Decree dated 28.10.2003, the suit was decreed. Challenging that Judgment, the defendants have filed the present first appeal.

3. In the plaint in O.S. No. 183 of 1990, the plaintiffs claimed that the first plaintiff Trust is a private trust. It owns several items