Judgement

Appeal from a judgment and decree of the High Court (August 10, 1914), varying a decree of the Subordinate Judge of Madura (October 9, 1908).

The suit was brought by the respondent against the appellants for a declaration " that the defendants

Law Rep. 46 Ind. App. 204 ( 1918- 1919) Arunachellam C hetty V. Venkatachalapathi Guruswamigal

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have no right to the village of Patharakudi and that the plaintiff as head of the math was entitled to possession . . . . ,and to receive the income of the same in the hands of the Receiver." The plaint alleged that the respondent was head of the ancient math of Patharakudi, which in the 16th century had been endowed by one of the Pandiyan kings with Patharakudi and other villages, the title of the math to the endowments having been confirmed by an inam title deed in 1864. That the plaintiff had been duly appointed head in 1867, and that being at the time young, he had allowed certain Nattukatai Chettys, disciples of the math, to manage its affairs under his control and supervision ; that for some years the Chettys had efficiently managed the affairs, but that from about 1901 they had improperly claimed to be trustees and that disputes