PADMANABHAN, J. :- This O.S. Appeal has been filed against the order passed by a learned single Judge of this Court on 2nd Sept., 1982 in Appln. No. 3124 of 1982 in Appln. No. 165 of 1981.

2. The facts leading to the filing of Application No. 3124 of 1982 may be briefly stated as follows. The late S.B. Adityan created a trust called the 'Thanthi Trust' on 1-3-1954. While creating the trust he appointed besides himself, his elder brother S.T. Adityan and his elder son B.R. Adityan as trustees. On 19-5-1959 B.R. Adityan resigned. The respondents herein Kannan Adityan and Kathiresan Adityan are the sons of the said B.R. Adityan. On 22-5-1959 the founder appointed his another son B.S. Adityan the first appellant herein and also the Educational Trustee Co. (P.) Ltd., as trustees. B.S. Adityan was appointed as Director-trustee. On 8-11-1961 the founder S.B. Adityan resigned. On 27-12-1963 S.T. Adityan the elder brother of the founder also resigned from the trusteeship. On 20-6-1978, the founder appointed again his elder son B.R. Adityan who had resigned in 1959, as additional trustee. On 30-6l978 the founder appointed himself as additional trustee. On 1-7-1978 the founder appoin