Claim of plaintiff of joint possession and management barred by limitation.

Ramaprasada Rao, J.- The first defendant in O.S. No. 56 of 1966 on the file of the Subordinate Judge’s Court, Rarnanatha-puram, is the appellant. The plaintiff sued for declaration that he was entitled to be in joint possession along with the first defendant of the plaint schedule properties and for a direction that he be put in joint possession of those properties along with him and for a consequential accounting of the income from the properties for a period of three years prior to suit. Sri Boni Narayana Pillai Charity was created several years ago and amongst various properties endowed for the charity, there was an inam village which was taken over by the Government under the Estates Abolition Act. But it is common ground that from the compensation amount a Tasdiq allowance for the upkeep and maintenance of the charity as described in the third schedule to the plaint is being paid annually. Apart from the inam village, there are pannai lands, the patta for which was issued in the name of the trustees for the time being and they are included in the second schedule. The first schedule enumerates the houses endowed to the charity. Originally one Perundevi Ammal was managing the charities. Under her will and as she was competent to nominate the succeeding trustee, she nominated her son-in-law Venkatanarayana Pillai, who in turn under his will appointed one Partha-sarathy Pillai, Kothandarapna Pillai and Athilakshmi as executors. The nature of the trust was challenged by one Srinivasa Pillai in C.S. No. 439 of 1928 on the file of the High Court, Madras, who claimed all the properties attached to the trust as his properties. This suit was resisted. Finally, it ended in a compromise. Under the provisions of the trust deed, certain properties were situate in Madras, but were solely intended for the purpose of performing certain kattalais in Sri Partbasarathyswamy Temple in Triplicane. Pursuant to this, a scheme suit C. S.No.1 of 1933 on the file of the High Court, Madras was filed by the trustees of Sri Parthasarathy-swamy Temple. Whilst the scheme suit was pending C.S.No.439 of 1928 was compromised. A provision therefore, was made in the said compromise decree itself in respect of the properties covered by C.S. No. 1 of 1933. The scheme suit was decreed and the properties went out of the management of the members of the family, but the temple honours alone were enjoyed by the members of the family. The plaintiff states that he is receiving such honours from Sri Parthasarathyswami Temple. Under the compromise decree in C.S. No. 439 of 1928, T. K. Thiruvengadam Pillai and Ranga Pillai acted as trustees of the charities and were managing the trust properties. Thiruvengadam Pillai died leaving a will dated 22nd October, 1941 whereunder the plaintiff was nominated as his successor. When the plaintiff sought probate of the suit will it was granted on 27th February, 1947. The first defendant, who is the son of Ranga Pillai sought to recall the probate which was granted. But again after enquiry the probate was granted to the plaintiff. The appeal against that order was unsuccessful. The plaintiff says that apart from the will, as the original heir of Thiruvengadam Pillai, he is entitled to be a trustee of the charities and as the first defendant is in sole managementthereof, he has come to Court seeking for the reliefs already mentioned. He has impleaded the second defendant, who is said to be colluding with the first defendant and who is also said to be interested in ousting the plaintiff from management of the trust properties. It is claimed that the second defendant is only an intermeddler. The plaintiff accuses the defendants as persons who are not interested in performing the charities in accordance with the wills of Perundevi Ammal and Venkatanarayana Pillai. It is in these circumstances, that he filed the suit.

2. In the written statement of the first defendant it is hesitantly claimed that the plaintiff is not a representative of

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