RAMAKRISHNAN, J. :- The appellant is the defendant in O. S. No. 3 of 1961, on the file of the Court of the Subordinate Judge, Nagapattinam. The respondent-plaintiff in the suit is the Thillayadi Pillayar Temple Charity by its Interim trustee, M. S. Pandian. The plaintiff filed the suit to recover possession of the plaint schedule properties with Rs. 4000 as past profits, and future mesne profits. The plaint-allegations are these. The suit properties originally belonged to one Rethinam Pillai. He executed a registered Will on 21-11-1918, bequeathing his properties to a charity and to various legatees and appointing his widow Sundarambal Achi as executor and trustee. Shortly after his death, Velusami Pillai, claiming to be his undivided brother, challenged the Will in the suit O. S. 70 of 1919 Sub-Court, Nagapattinam (which was subsequently numbered as O. S. 103 of 1921, after transfer and retransfer again to Sub-Court, Nagapattinam). There was a compromise in this suit and a decree was passed therein on 8-12-1921, This compromise decree is Ex. A-1. Clauses 5, 7 and 8 of this compromise decree are important, and they are theses:

"5. We have settled that such of the moveables