(1.) THE appeal is directed against Original Suit No. 111 of 1973 on the file of the Subordinate Judge of Chingleput, which is a suit to set aside the order of the Commissioner for Hindu Religious and Charitable Endowments, Madras dated 16th December, 1972 passed in A.P. No. 130 of 1972 and for a declaration that the plaintiffs are the hereditary -trustees of the suit temple. The following genealogical tree Would be useful to appreciate the claims of the plaintiff. Roya Raddiar had two sons, Narayanan and Krishnan. Narayanan's son is Munuswami Reddiar, the second plaintiff. Krishnan's sons Doraiswami Reddiar is 3rd plaintiff and Murthy Reddiar is the 4th plaintiff.
(2.) THERE was another Vengu Pillai, who had four sons, Anguswamy, Kannaiah, Chinnaswami and Dorai Pillai the 9th plaintiff. Chinnaswami's sons are Ramachandra Pillai, Venkataramanujam Pillai and Chandrasekaran Pillai, Plaintiffs 6 to 8 respectively. Doraiswami Pillai is the 5th plaintiff. There two families claimed among themselves the hereditary trusteeship of the two temples Sri. Mariamman and Sri Pidari Ponniamman, of Padi Village, Saidapet Taluk. The plaintiffs filed an application under Section 63 (b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter referred to as the Act) pressing their claim to the office of the hereditary trusteeship and that was dismissed. Thereupon an appeal was preferred to the Commissioner under Section 69 (1) of the Act. The Commissioner, by his order dated 16th December, 1972, dismissed the appeal. Thus, the necessity for the suit.
(3.) ON issue No. 1, the learned Subordinate -Judge, Chingleput, came to the conclusion that the plaintiffs happened to be trustees and Were exercising rights as such, because, they happened to be periathanakarars of the village, but that does not mean that their office could be characterised as hereditary within the meaning of Section 6, Clause (ii) of the Act. On issue No. 2, the learned Subordinate Judge held that the order of the Commissioner is not liable to be set aside, with the result, he dismissed the suit. Plaintiffs have come up to this Court by way of this appeal.