Srikrishna, J. - (1.) One Ponnu Iyer alias Viruddeswara Sivacharya had purchased large extent of land and properties. One of such properties was Door No. 278, West Car Street, Tirunelveli. In 1960 the second respondent who was Madathipathi of "Meda Madam" and the Kartha of family filed O.A. No. 74/60 before the Deputy Commissioner of the Hindu Religious and Charitable Endowment under Section 63(a) of the Hindu Religious and Charitable Endowment Act, to declare the property mentioned above as his personal property and not belonging to a religious institution. This application was rejected by the Deputy Commissioner. An appeal carried by the second respondent to the Commissioner was also rejected. In 1969 the second respondent filed a statutory suit being OS No. 133/69 before the Sub-Judge, Tirunelveli seeking a declaration that the property was his private property. This suit was also dismissed by the Sub-Judge holding that the property belonged to the "Mela Madam" a religious institution. The appeal carried to the High Court vide A.S. No. 640/1971 was also dismissed. The second respondent thereafter continued to maintain records as directed by the concerned authorities and submitted to the jurisdiction of the Hindu Religious and Charitable Endowment Act with respect to all the properties belonging to the Mela Madam.
(2.) In the year 1978, after the first respondent attained the age of majority he filed a suit for declaration that the properties described in schedule A, B and C of the plaint were his ancestral properties, and in view of the oral partition which was subsequently registered, he was entitled to B schedule properties. He, therefore, sought a decree for partition of the ancestral properties and a declaration that the B schedule properties exclusively belonged to him and sought consequential injunction.
(3.) This suit was opposed, inter alia, by the Commissioner, Hindu Religious and Charitable Endowment (appellant before us and the 4th defendant in the suit).;