(1.) This appeal is directed against the decree and judgment of the learned Subordinate Judge, Vel-lore, in O.S. No. 69 of 1954.
(2.) It is a statutory suit filed under Section 62 of the Madras Hindu Religions and Charitable Endow ments Act (hereinafter referred to as the Act) by the persons aggrieved who consist of Sri Ramanas-ramam, by its Secretary G. Sambasiva Rao, T. N. Venkataraman, A. W. Chadwick, S. S. Cohen, Framji Dorabji, A. Devaraja Mudaliar and C. Somasunda-ram Pillai. The defendant is the Commissioner for Hindu Religious and Charitable Endowments, Madras. The question for consideration is whether the component part of Sri Ramanasramam, by name Sri Mathrubhutheswaraswanai temple, an institution registered under the Societies Registration Act, (Ex. A. 23 dated 11-9-1950) is a temple as contemplatetd by Section 6(17) of the Act, as has been held by the learned Sulwrdinate Judge or a public religious trust as has been contended by the plaintiffs, with the following objects, viz., to carry out the provisions in the will of Sri Bhagwan, to administer Sri Ramanasramam, Sri Mathrubhutheswaraswami temple, the Samadhi of Sri Bhagwan Ramana Maharshi with the properties and assets attached thereto and for propagating the sayings of the Bhagwan.
(3.) Section 6(17) of the Act defines a temple as, "a place by whatever designation known, used as a place of public religious worship, and dedicated to or for the benefit of or use as of right by the Hindu community or any section thereof, as a place of public religious worship".