Lord Phillimore. -

This case turns on a question of fact. A member of the family of Reddi, whom it is convenient to call Gangi Reddi, was a merchant carrying on business at Cocanada. He died in April 1917. He had two sons, one of whom predeceased him, leaving a son the present plaintiff. The younger son and his son are the present defendants. There were also several daughters. Gangi Reddi made three wills asserting that his property was self-acquired property, and being such that he could dispose of by will. It has, however, been decided that his property is to be regarded as ancestral family property, and not such as he could dispose of by will.

The younger son had assisted his father in his later years and was, according to the will to be manager of the family property, and in fast he undertook to manage it and did so till this suit was brought on the 18th December 1918. By it the plaintiff's claim to a half-share of the entire family property was asserted and a partition was demanded.

The plaint contained various allegations of malversation by the first defendant.

When the case came on for trial a number of questions arose which were disposed of by the Subordinate Judge. Most of his directions were confirmed by the High Court on appeal. In the cases in which the judgment of the Subordinate Judge was so varied the decision of the High Court has been generally accepted. The only point remaining is that which is the subject of the present appeal.

The earlier clauses of the will provide for certain distributions between the wife, and sons and daughters which are either not questioned or have been disposed of by the judgments already mentioned. The last clauses of the will run as follows:

7. I advanced a loan to Muchilika Appalaraju and others of Chengondapalli, Ernagudem taluk, took a usufructuary mortgage of Chengondapalli and its hamlets Patnam Madampatt, etc., forming a muttah belonging to the said Appalaraju and others and have been managing the same. The net profits realized from the said muttah annually, I have been giving away for the expanses of feeding, etc., in the choultry which I built in Gtollalamamidada and have been making credit and debit entries accordingly in the accounts also. So long as the said Chengoadapalli muttah is in our possession according to the term, the net profits annually realized therefrom shall be paid for the expenses of the said choultry even after my death, and Bulli Thammi Reddi shall look after the whole management needed for it. Besides this, the interest that may annually be realized on a sum of Rs. 10,000, (ten thousand rupees,) out of my own funds shall either be spent to meet the expenses of the charity choultry at Gollalamamidada once a year or shall be kept in deposit for the said purpose.

8. The will already executed by me on 13th May 1906, and registered as No. 12 on pp. III to 114 of Vol. 4, Book III, in the office of the Sub-Registrar of Bikkavole is hereby cancelled and this will has been executed to take effect from the time of my death. This will is executed with my consent.

It has been stated that Gangi Reddi claimed that his property was all self-acquired. He asserted this claim in the first paragraph of the will in question; but as it has been decided that this claim was not well founded he could not dispose of his property or found a charitable endowment by will. In the present suit the plaintiff disputed the validity of this endowment, and the first defendant supported it.

Originally the defence rested upon the proposition that the property was self-acquired; but during the progress of the case the first defendant was allowed to raise further defences, namely, that there had been a dedication to charity during the lifetime of Gangi Reddi, and that the plaintiff's father and other persons interested had acquiesced in the dedication. As regards the sum of Rs. 10,000 the Subordinate Judge upheld this dedication while in respect of the usufructuary mortgage he held that there was n