K.N.WANCHOO, J.

(1) THIS is an appeal by special leave against the judgment of the Mysore High court. Brief facts necessary for present purposes are these. There is a muth in village Davanur. A suit was brought in 1942 under S. 92 of the Civil Procedure Code for framing a scheme for the management of the muth. A decree was passed on 17/03/1948 by the High court by which a scheme was settled and two persons were appointed as joint managers thereunder. In 1959 the two managers were the appellant Madappa who was the chairman and the respondent Mahanthadevaru. On 12/05/1959, the respondent made an application to the Additional District Judge, Mysore, in which he said that there were more than 100 heads of cattle, belonging to the muth. But the estimated income of the properties was barely sufficient to meet the cost of worship of the deity and that no funds were available to maintain the cattle. He also said that it was unnecessary and expensive to incur the feeding charges and pay for the staff needed to take care of the cattle. He therefore prayed for an order for the sale of cattle as a measure of economy and practical utility. Further it appears that there were some lands be