Judgement

KAPUR, J. : This is an appeal against the judgment and decree of the High Court to Travancore Cochin modifying the decree of the District Judge, Trichur. The appellant was defendant No. 1 in his personal capacity and defendant No. 2 in the capacity of a trustee of a trust. Defendant No. 5 was a tenant of the building which is the subject-matter of dispute between the parties, defendant No. 10 was its successors-in interest and the present respondent was the plaintiff in the suit.

2. The suit out of which this appeal has arisen was filed in the Court of the District Judge, Trichur, on October 31, 1945. The suit was for possession of properties described in schedules A and B and for damages and mesne profits with interest. The defence was that the appellant was not liable to restore possession on the basis of a document Exhibit X which was a deed of trust executed by the appellant creating a trust and constituting himself the trustee of the trust. The 5th defendant claimed Rs. 20,000 and Rs. 1,019 as value of improvements and extensions made on the building. A large number of issues were framed by the trial Court and it passed a decree of which the most important part was as