JUDGMENT :- The plaintiff in O. S. No. 175 of 1968 is the appellant in this second appeal. That was a suit filed by him as trustee of Dharmaraja Koil, Arkonam, for a declaration that he is the trustee of the said temple and for an injunction restraining one Murugesa Chettiar, the first defendant in that suit, from interfering with his management of the temple properties. A little earlier than that, the defendant Murugesa Chettiar himself had filed O.S. 170 of 1967 praying for a declaration that he is the lawfully constituted trustee of the said temple and for an injunction or in the alternative for delivery of possession of the endowed property. The said Murugesa Chettiar also filed O.S. 180 of 1968 as a trustee against one Kanda Pandithar for recovery of rent due to the temple. As the common question to be decided in all these suits was whether Murugesa Chettiar was lawfully constituted trustee or Kandaswami Chettiar, the appellant herein, was a lawfully constituted trustee of the suit temple, the suits were tried together and by a common judgment dated 30th April, 1971, the learned Additional Subordinate Judge, of Vellore, granted a declaration that Murugesa Chettiar is