Kailasam, CJ.- The eighth defendant in C.S. No. 29 of 1956 on the file of this Court is the appellant before us. One Rao Bahadur A. K. D. Dharma Raja since deceased, founded a trust, called the Dharma Raja Educational Charity Trust, Rajapalayam. There were disputes in the working of the trust and the matter came up before this Court and a scheme was settled in C.S. No.29 of 1956. The purport of the scheme was that each of the sons of the founder A.K.D. Dharma Raja, was to manage the trust for three years successively. Clause 3 of the scheme provided that the trustee-manager shall be nominated by the District Judge of Ramanathapuram from among the male members of the founder’s family according to seniority and the right of each of the five sons of the founder and the male members of each branch to hold the office for a period of three years in rotation by turns, unless disqualified. Regarding the actual management, clause 23 provided that the trustee-manager would be entitled to nominate a deputy to act for him under deed for a limited period of three months at a time, that, if he could not act as a trustee beyond that period, he should be deemed to have vacated his office unless he

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