Sujata V. Manohar, J. - (1.) Leave granted.
(2.) These appeals pertain to a scheme for the administration of Devarajaswamy Temple at Kancheepuram and Trusteeship of the said temple. The scheme was originally settled in 1909 in an application made originally before the District Court of Chengalpattu, Tamil Nadu being O. S. No. 11 of 1907. This application was filed under S. 539 of the Civil Procedure Code of 1882. Ultimately when the matter came before the High Court and the scheme was settled on 15th of November, 1909, the Civil Procedure Code of 1908 had come into force and the scheme was framed under S. 92 of the Code of Civil Procedure 1908. This scheme thereafter remained in force until it was modified by the High Court of Madras on 17-11-1941 in A. S. No. 175 of 1934. This modification was done under the Madras Hindu Religious Endowments Act (Act 2 of 1927) (hereinafter referred to as the Act of 1927) which was then in force.
(3.) In 1965 the Deputy Commissioner of Hindu Religious and Charitable Endowments, Madras initiated proceedings under S. 64(5) of the Madras (Tamil Nadu) Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act of 1959) which was then in force, for the modification of the scheme settled by the High Court by its order of 17-11-1941. These proceedings were contested by Kanchepuram Thathachariar family who contended that the Deputy Commissioner had no jurisdiction to modify the scheme settled by the High Court of Madras in 1941. The Deputy Commissioner, however, passed an order in the proceedings initiated under S. 64(5) of the Madras Hindu Religious and Charitable Endowments Act, 1959 holding that he had jurisdiction to modify the scheme.;