Judgment

SHINGHAL, J. :- This appeal by a certificate of the Madras High Court is directed against it judgment and decree dated Feb. 20, 1969.

2. One Manikka Sankaranarayana Iyer, father of defendants 1 and 3 and grandfather of plaintiffs 1 to 5 and defendants 2, 4 and 5 and father-in-law of plaintiff No. 6 constituted an Annadanam Trust and he and his sons executed a registered deed of settlement for that purpose on June 3, 1908. By that document Sankaranarayana Iyer became the first trustee for life, and it was provided that after him the seniormost member would be the trustee, by turns. Sankaranarayana died and defendant No. 1 became the managing trustee of the trust. There was a suit for partition of the family properties including house No. 48A, and it was settled by a compromise under which a preliminary decree dated Sept. 12, 1956 was drawn up for the sale of the properties amongst the members of the family. Defendant No. 1 pruchased the suit property for Rs. 21,500 for the aforesaid trust on April 19, 1959. A final decree was drawn up on Nov. 29, 1959 in which house No. 48A was shown as the property of the trust. Defendant No. 1 however sold that property soon after, to his s