D.G.Palekar, J.

(1) THIS is an appeal by the first defendant against the judgment of the High court of Madras in Appeal No 491 of 1966 arising out of Orignal Suit No. 113/1950 on the file of the Subordinate Judges court, Tiruchirapalli. The suit was filed by K. S. Srinivasan who is respondent No. 1 before us. He was a minor at that time represented by his next friend and natural father Rajagopala Iyengar. The suit was for a declaration that the plaintiff was the adopted son of one Singam lyengar (Jr.) and that he was entitled to joint management with the first defendant K. Srinivasa Iyengar of the suit trust, hereinafter referred to as the Pathashala Trust.

(2) A few facts will be necessary to be stated. The Pathashala Trust which was known as the "Tennacharya Sampradaya Vidya Pathashaia Dharmarn" was founded by one Singam lyengar (Sr.), a very rich and pious Vaishnavite Brahmin, on 24/04/1913. The founder had only one son Kuppuswamy from whom he was divided, after partition, on 18/01/1913. In pursuance of the endowment, Singam lyengar (Sr.) executed a deed of Settlement on 3/09/1913 (Ext. B-47) by which properties. mentioned in the A Schedule were settl