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 settled in favour of the trust. Under this settlement Singam lyengar (Sr.) constituted himself the first Manager of the trust and after his death his son Kuppuswamy was to be the Manager. The settlement deed further proceeded to declare that after the sons death, the sons nominee and the nominee of each subsequent nominee shall be the Manager. In default of nomination, the District Judge was to nominate the Manager and his nominee again had the right to appoint his nominee. The settlement deed also provided for maintenance allowance being paid to some of the decendants in the family.

(3) KUPPUSWAMY died on 1/07/1916 leaving behind him three sons, Singam lyengar (Jr.) Kasthuri Renga lyengar and K. Srinivasa lyengar, the present defendant No. 1. Since Kuppuswamy had died and the devolution prescribed by the settlement deed of 1913 had failed, Singam lyengar (Sr.) executed another deed on 6/08/1924 (Ext. B-53) appointing himself as the first Manager and, after his life-time, his grand son Kasthuri Renga lyenger as Manager with power to nominate his successor. On 6/04/1933 Singam lyengar (Sr.) dedicated some more properties to the Pathashala trust and the allowance to the members of the family were also increased. Ten days later i.e., on 16/04/1933 Singam lyengar (Sr.) died.

(4) AFTER the death of Singam lyengar (Sr.) Kasthuri Renga lyengar who was his nominee (Ext. B-53) entered upon the management of the Pathashala trust and he continued to be Manager till 10/09/1940 when he died without exercising the power of nomination in respect of the Pathshala trust. His brother Singam lyengar (Jr.) had pre-deceased him on 1/02/1934. His only surviving brother was Srinivasan, defendant No. 1. Srinivasan entered on the management of the Pathshala trust on 27/09/1940. He wrote to the District Judge asking him to exercise the power of nomination and informing him that be as the sole surving descendant of the founder had assumed the management of the Patbashaia trust. Since Regulation VII of 1817 was in force at the time, the District Judge, it appears, referred the point to the Board of Reuenue, Madras on 15/10/1940. The Board of Revenue made certain enquiries through the Collector and accepted the latters recommendations in respect of the suitability of the first defendant as Manager of the Palhashala trust. defendant No. 1, therefore, continued to work as Manager.

(5) AS already stated Singamlyengar(Jr.) had died on 1/11/1934 leaving behind his widow Lakbrni Ammal. He had no son by her but four daughters Kunjammal, Srirangammal, Kothai and Komalanimal. After the death of her husband Lakshmi Ammal found herself involved in litigation with her brothers-in-law, first with Kasthuri Iyengar and later with the first defendant. On 16/08/1942 Lakshmi Anima