Before him the defendant had sought to establish the dedication of the temple to the public by producing evidence on the following points : (1) Subscriptions were collected by G. Rama Ayyangar and his descendants from the public because the members of the Thoguluva family stopped giving any financial help to the temple; (2) Shops in the front Mandapam were constructed with public donations and even for the Kumbabishekan public funds were collected; (3) D.W. 6 who did not belong to the Thoguluva family was doing the Mandagapadi; (4) There used to be a procession on Vaikunta Ekadasi day the expenses of which were met by D.W. 7; (5) There were jewels and other articles used for worship donated by members of public which were in the custody of Srimathigal Sangam; (6) On each of the Navaratri days people who did not belong to the Thoguluva family did the Ubhayam; (7) The worshippers had been making offerings during the daily pooja as of right and were participating in the daily Neivedyams, (8) That there was a Nagara, bell and Hundial in the suit temple; (9) That there was Utsava idol in the suit Mandapam, The learned District Judge found : D.Ws. 3, 4 and 8 who belonged to the Thoguluva family had played into the hands of the opposite camp.