The first defendant came up with this appeal

against the decree and judgment of both the Courts

below in decreeing a suit for prohibitory

injunction.

2. The plaintiff claimed to be a Priest

connected with a Temple maintained by hereditary

trustee Zamorin Raja based on a suit document,

Ext.A2, by which he claims that he had obtained an

assignment of priesthood for a period of two

months.

3. The defendant inter alia contended that

hereditary priesthood belongs to three families in

rotation and each family will get two months' in

rotation. It is admitted that the Temple was

managed by the hereditary trustee Zamorin Raja. The

maintainability of the suit was also challenged by

virtue of Sections 93 & 96 of the Madras Hindu

Religious and Charitable Endowments Act, 1951. Both

the courts below repelled the contention raised by

RSA.No.361 OF 2006(B) 3

the defendant and found that there is no

application of Sections 93 and 96 of the said Act.

What is involved in the suit is with respect to the

priesthood assignment and not based on any order or

certificate issued by the Commissioner or any

competent person or the State Governme