appeal from the judgment and decree dated august 17 1954 of the madras high companyrt in a. s. number 304 of 1951 v. viswanatha sastri and r. gopalakrishnan for the appellants.
december 18.
civil appellate jurisdiction civil appeal number 84 of 1959.
the case of the plaintiffs appellants as disclosed in the plaint may first be stated.
the great saint and savant shri madvacharya established the mutt at udipi in south kanara district for the propagation of the dwaita system of thought.
the state of madras is defendant number 1.
sub section 1 of s. 2 of the act reads temple means a place by whatever name knumbern which is dedicated to or for the benefit of or used as of right by the hindu community or any section thereof as a place of public religious worship and includes subsidiary shrines and mantapams attached to such place the government of madras in exercise of the powers companyferred on them under s. 6 of the act decided on june 3 1948 that shri krishna mutt was a temple.
the heads of the other two mutts were impleaded as defendants number.
the plaintiffs who represent the heads of six of the eight mutts established at udipi by shri madvacharya instituted the suit for declaration that the shri krishna mutt number one of the eight mutts was number such a temple and for the setting aside of the order of the government of madras.
2 and 3.
the plaintiffs have therefore companye up in appeal.
r. l. iyengar and t. m. sen for respondent number 1 1961.
