NATESAN, J. :- This appeal has been placed before the Full Bench as the substantial question that calls for examination is the correctness of the view expressed by a Division Bench of this court in Manathunainatha Desikar v. Gopala, ILR 1943 Mad 858 : (AIR 1944 Mad 1) about the applicability of the rule in Juttendra Mohan Tagore v. Ganendramohan Tagore, (1872-73) 9 Beng LR 377 : 1872 Ind App Vol. P. 47 (PC) to the office of manager of a South Indian temple under a scheme of succession settled by the founder. The very scheme of succession and right to management of the properties of the temple now in question was the subject-matter of adjudication in ILR 1943 Mad 858 : (AIR 1944 Mad 1) and this aspect has given rise to a question of res judicata for consideration.

2. The suit, the decree wherein in favour of the plaintiff has given rise to this appeal by the first defendant, is for a declaration that the first defendant is not entitled to be a joint trustee along with the plaintiff and defendants 2 and 3 of the temple to which the suit properties belong. The first defendant's right to be in possession of the suit properties as joint trustee is questioned and an injunction re