The main legal point established in the judgment is the concept of total dedication of trust properties, the forfeiture of rights by the branch of Velu Mudaliar, and the inability of the first defendant to claim any right for management.

K. SAMPATH, J.

The plaintiff in O.S.No.84/82 on the file of the Subordinate Judge's Court, Nagapattinam, filed the appeal before this Court and pending appeal, he died and his legal representatives have come on record as appellants 2 to 4.

2. For easier appreciation of the facts of the case, it would be necessary to have the genealogy extracted.

GENEALOGY

Thiruvenkata Mudaliar (Died)

-------------------------------------------------

' '

Velu Mudaliar (Died) Vaithilinga Mudaliar

-------------------- (Died)

| | ---------------------

Subba Mudaliar Ramalinga | |

(Died) Mudaliar(Died) Thiruvenkatam Sankara-

-------------- | (Died-1940) murthy

| | | (Died-1941)

Ramiah (Died)= | | ----------------

Neelathanni(D10) | | |

Baskarathanni(D11) | | 1.Natesa

----------------------------- | Mudaliar(Died-

' ' | on 26-9-1981)

Singaravelu Krishnasamy | 2.Vagesa Mudaliar

(Died) (Died) | (Plaintiff)

| | | 3.Kalyanasundara

------------------- Balakrishnan(D14) | Mudaliar (D2)

1. Kunjithapatham= |

Renganayagi(D12) |

2. Jayaram D13) |

|

-------------------------------------------------

' ' ' ' '

Ramalingam Shanmugham Vaidilingam Gopala- Santhanam

(Died) (D3) (D4) krishnan (D6)

| (D5)

-----------------------------------

' ' '

Subramanian Rajappa Thiruvenkatam

(D7) (D8) (D9)

3. The case in the plaint is as follows:

The ancestors of the plaintiff and defendants 1 to 14 belonged to a very affluent family. They had a lot of wet and dry lands, buildings and sites in various villages in Nagapattinam Taluk. The original ancestor was one Thiruvenkata Mudaliar. He had two sons Vaithilinga Mudaliar and Velu Mudaliar. Vaithilinga Mudaliar in his turn had two sons Thiruvenkata Mudaliar and Sankaramurthy Mudaliar. Thiruvenkata Mudaliar had five sons Ramalingam, Shanmugham, Vaithilingam, Gopalakrishnan and Santhanam. Ramalingam died leaving behind three sons, Subramaniam, Rajappa and Thiruvenkatam. Sankaramurthy's sons were Natesa Mudaliar, Vagesa Mudaliar, the plaintiff in the suit, and Kalyanasundara Mudaliar. Natesa Mudaliar died on 26-9-1981. His son is Dakshinamurthy. Dakshinamurthy is the first defendant while Kalyanasundara Mudaliar is the second defendant. Thiruvenkata Mudaliar's sons Shanmugham, Vaithilingam, Gopalakrishnan and Santhanam are respectively D-3, D-4, D-5 and D-6. Ramalinga Mudaliar's sons Subramanian, Rajappa and Thiruvenkatam are defendants 7 to 9.

Velu Mudaliar had two sons Subba Mudaliar and Ramalingam Mudaliar. Subba Mudaliar's son was Ramiah. His wife is Neelathanni, the 10th defendant, and her daughter Baskarathanni is D-11. Velu Mudaliar's other son Ramalingam Mudaliar's sons were Singaravel and Krishnasamy. Singaravel's son was Kunjithapatham. His wife Ranganayagi is D-12. Singaravel's other son Jayaraman is D-13. Krishnasamy's son Balakrishnan is D-14. Defendants 15 to 22 are the alienees and defendants 23 to 45 are the lessees.

Senganni Sankaramurthy set apart properties for family charities. After Thiruvenkata Mudaliar, his sons Velu Mudaliar and Vaithilinga Mudaliar were managing the choultry and the properties set apart for charity. After them, the heirs of Vaithilinga Mudaliar, viz. Thiruvenkata Mudaliar and Sankaramurhty Mudaliar on the one hand and Velu Mudaliar's heirs on the other were managing the Trust for 6 faslis each alternatively. In suit item 2, Thiruvenkata Mudaliar had constructed a Vinayagar Temple and was performing pooja, neivedyam, etc. and on the Anniversary days of Senganni Sankaramurthy and on other days they were performing annadhanam. The right to manage the Trust was being shared alternatively by the two branches for 6 faslis each. Thiruvengada Mudaliar and his brother Sankaramurthy Mudaliar had a partition deed executed on 28-2-1916, as per the terms of which, it was agreed that Thiruvengada Mudaliar as along as he was alive, would manage for 6 faslis and after him, Sankaramurthy Mudaliar and after the lifetime of both of them, the eldest male member in their families would have to manage for 6 faslis. In accordance with