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3. In order to appreciate the contentions put forward by the learned counsel for the appellant, it will be useful or refer to the scheme and certain provisions of the Act.

4. Chapter I consisting of three sections is a preliminary chapter. S. 2 deals with definition. "Assistant Commissioner" "Deputy Commissioner"., "Joint Commissioner" and "Commissioner" are separately defined. "Assistant Commissioner" is defined as meaning the Assistant Commissioner appointed under S. 3 (1) of the Act and as including every officer who for the time being exercises the powers and performs the functions of the Assistant Commissioner under the Act or the rules made thereunder in respect of any charitable institution or endowment as specified in sub-sec. (5)of S. 3 "Deputy Commissioner",, "Joint Commissioner" and Commissioner" were similarly defined. The expressions "Charitable Endowment",, "Charitable Institution", "Religious Endowment",, "Religious Institution",, "Math",, "Temple",, "Trustee" and "Hereditary Trustee" are all defined. S.2 (17) defines "math" as meaning a Hindu religious institution presided over by a person, whose principal duty is to engage himself in the teaching and propagation of Hindu religion and philosophy or the teachings and philosophy of the dominating sect or Sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples and as including any place or places of religious worship, instruction, or training which are appurtenant to the institution. S. 2 (22) defines "religious institutions" as meaning a math, temple or specific endowment and includes a Brindavan, Samadhi or any other institutions established or maintained for a religious purpose.

8. Chapter V consisting of Ss. 42 to 48 is a special chapter dealing with "maths and specific endowments attached there-to". It is expressly stated in S. 43 that the provisions of Ss. 15 to 20, 23, 26, 27, 31, 32, 33, 35, and 87 shall not apply to maths or specific endowments attached thereto. Provision is made in the chapter for fixation of dittam, removal of math-for fixation of dittam, removal of mathadhipathi, filling up of vacancies of the office of the mathadhipathi, etc. Power to remove the mathadhipathi is vested in the Commissioner.

15. The title of Chapter XII consisting of Ss. 77 to 79 is "Enquiries". S. 77 (1) empowers the Deputy Commissioner having jurisdiction to enquire into and decide any dispute as to the question (a) whether an institution or endowment is a charitable institution or endowment; (b) whether an institution or endowment is a religious institution or endowment; (c) whether trusteeship is hereditary or not; (d) whether any property is a specific endowment; if so whether it is charitable endowment or religious endowment; (e) whether any property is a specific endowment, etc., etc. S. 77 (2), enables the Deputy Commissioner pending his decision under sub-sec (1), to pass such order as he deems fit for the administration of the property or custody of the money belonging to the institution or endowment. Every decision or order of the Deputy Commissioner under S. 77 is required to be published in the prescribed manner. S. 78 gives a right of suit in the district court to every person aggrieved by the decision of the Deputy Commissioner under S. 77.

20. It may be recalled that S. 77 provides for adjudication of disputes as to various questions, such, a whether an institution or endowments, is a charitable or religious institution or endowment, whether trusteeship is hereditary or not, etc. Math defined in S. 2 (17) of the Act means a Hindu religious institution. If the argument of the learned counsel for the appellant is to be accepted, the quasi-judicial function entrusted to the Deputy Commissioner under S. 77 is to be confined only to those institutions and endowments in respect of which the Deputy Commissioner is entrusted with various administrative functions, Such a constructive functions. Such a construction leads to the anomalous situation that while there is a quasi-judicial tribunal constituted under Sec. 77 of the Act to decide certain disputed questions in regard to institutions and endowments mentioned in the list published under S. 6 (b), there is no such quasi-judicial tribunal and, in fact, there is no provision for the decision of such disputes in regard to the institutions and endowments mentioned in the list published under S. 6 (a), S. (c) and S. 6 (d) of the Act. Surely that could not be the intention of the legislature. The expression "Deputy Commissioner having jurisdiction" occurring in S. 77, in our opinion, means the Deputy Commissioner having territorial jurisdiction over the areas as stipulated and envisaged by S. 5. Sec. 38 of the Act, as noticed earlier, provides for the submission of application for registration of charitable and religious institution of charitable and religious institutions and endowments to the Assistant Commissioner within whose subdivision such institutions or endowments are situated. Though under S. 11 the powers and functions of the Assistant Commissioner extend only to the institutions/endowments included in the list published under S. 6 (c), it cannot e doubted that applications for registration whether they relate to institutions and endowments included I the list published under S. 6 (a) or S. 6 (b) or S. 6 (c) or S. 6 (d) have to be made only to the Assistant Commissioner having territorial jurisdiction, Likewise, all encroachments have to be dealt with by the Assistant Commissioner and the Deputy Commissioner having territorial jurisdiction as provided by S. 75 of the Act. There is no substance in the submission of the learned counsel for the appellant that the disputed questions such as set out in S. 77 of the Act, in respect of the maths can be adjudicated upon by the Commissioner under S. 8 of the Act. S. 8 of the Act vests in the Commissioner the general superintendence over the administration of all charitable and Hindu religious institutions or endowments. It is also significant to note that the powers and functions conferred upon and assigned to the Commissioner under S. 8 of the Act are subject to the other provisions of the Act, including the provisions contained in S. 77 of the Act. The enquiry contemplated under S. 77 of the Act is of summary nature and it is for that reason section 78 of the Act gives a right of suit in the District Court to every person aggrieved by the decision of the Deputy Commissioner under S. 77. No such right is conferred if the Commissioner exercise the powers under S. 77 of the Act in respect of the maths and the remedy of the aggrieved person would be to invoke the revision jurisdiction of the Government under S, 83. Surely the legislature could not have treated and placed the mts on a footing worse than that provided to the other institutions or endowments as contended by the learned counsel for the appellant. We must also observe that section 43 of the Act expressly excludes application of Ss. 15, 16, 17, 18, 19, 20, 23, 26, 27, 31, 32, 33, 35, and 87 of the Act to the maths or specific endowments attached thereto. The application of S. 77 of the Act to the maths or specific endowments attached thereto is not expressly excluded under S. 43 of the Act. We are, therefore, in complete agreement with the learned single judge that the expression "Deputy Commissioner" having jurisdiction occurring in S. 77 means the Deputy commissioner having territorial jurisdiction over the institution or endowment concerned and has no reference to the list of the institutions or endowments published under S. 6 (b) in respect of which he is empowered to exercise and perform certain powers and functions under S. 10 of the Act.