Judgement

RAMASWAMI, J.: This appeal is brought on behalf of the plaintiffs, by special leave, against the judgment of the Madras High Court dated April 4, 1961 in Appeal No. 99 of 1957.

2. In the suit which is the subject-matter of this appeal, the plaintiffs prayed for the settlement of a scheme in respect of a Trust known as Sina Ravanna Mana Pana Sona Guru Puja Mutt at Pillamangalam Alagapuri, Tiruchnapalli District and for an account of the management of the Trust by the late N. S. Chokalingam Chettair and for certain incidental reliefs. The case of the plaintiffs was that the Trust was a joint foundation made on November 12, 1919 by Sinnakaruppan Chettiar, father of plaintiffs 1 and 2 and grand-father of plaintiff 3, Raman Chettiar, father of plaintiff No. 4 Subramaniam Chettiar plaintiff No. 5, Perianan Chettiar, father of defendant No. 3 and Chokalingam Chettiar, father of defendant No. 1 and grandfather of defendant No. 2. It was said that the Trust was founded for conducting puja to God Vinayagar installed in the Mutt, by an Oduvar, to do special pujas for the Samayarcharyars, viz., Appah, Sundarar, Sambhandar and Manickavachakar and ordinary pujas to the other 63 Nayanmars on their birth days; to conduct a Thevaram Patasala, and feeding the pupils. It was alleged that at the time of the foundation Chockalingam Chettiar contributed Rs. 25,000/-, Sinnakaruppan Chettiar, Raman Chettiar Subramaniam Chettiar and Perianan Chettiar contributing Rs. 6,250/- each. Hundies were passed by the four contributors for Rupees 6,250 each in favour of the first defendant s father on November 12, 1919 and they were cashed in due course. It was alleged that the joint-founders had at the time of foundation appointed Chockalingam Chettiar who was the largest contributor as the manager and executive Trustee and the latter had constructed buildings for the Mutt and bought lands in Manakkarai village, Mannargudi taluk. On November 27, 1943 Chockalingam Chettiar nominated defendant No. 2, his grand-son as the executive Trustee. It was alleged by the plaintiffs that defendant No. 2 had stopped the pujas to the Nayanmars and Samayacharyas and had discontinued the Thevaram school and the feeding of the boys. Several other acts of mismanagement were alleged in the plaint. The suit was mainly contested by the second defendant who alleged that the sole founder of the Mutt was the late N. S. Chockalingam Chettiar, his grandfather, who at first installed the Vinayakar image and also the 63 Nayanmars and established the pujas for the four Samayacharyars and the Nayanmars. He was also the sole trustee and was in exclusive management from the foundation of the trust till November 29, 1943 when by a registered instrument he appointed the second defendant and his descendants as hereditary trustees. It was denied that the plaintiffs were joint founders though they had made contributions for the management of the Mutt. It was said that from the very date of contribution the plaintiffs never bargained for any rights as trustees but they accepted N. S. Chockalingam Chettiar as the sole trustee. The charge of mismanagement was totally denied by the defendants and it was said that the trust was being maintained and conducted on a much grander scale than during the trusteeship of senior Chockalingam. It was asserted that the daily puja to the Vinayakar and the ordinary and special pujas to the Nayanmars and the Samayacharyars were all performed with scrupulous regularity. The suit was dismissed by the Subordinate Judge of Pudukkotai by his judgment dated January 31, 1957. The finding of the Subordinate Judge was that the sole founder of the trust was the senior Chockalingam Chettiar who conducted it with the aid of moneys contributed by himself and other persons and that at the time of the foundation the other four contributors did not reserve for themselves any right in the trusteeship of the Mutt. It was also found by the Subordinate Judge that the charges of m