VENKATADRI, J. : This appeal arises out of the suit, Original Suit No. 5 of 1958, instituted in the District Court, Tirunelveli by the appellant herein, for the administration of the estate of on a Joseph Costa (senior), and inter alia, to declare the alienation effected by the first defendant, as trustee of the said estate in favour of the tenth defendant, who in his turn alienated it in favour of the eleventh defendant, who, again in his turn alienated the properties in favour of the twelfth defendant, invalid and not binding on the plaintiff, and for directions for the proper disposal of the properties comprised in the suit estate, and alternatively to direct the alienees from the first defendant, that is defendants 10 to 14, or such of them as may be liable, to pay over to the administrator to be appointed by Court the value of the mitta properties and to restore to the estate the benefits they had unlawfully obtained as a result of the fraudulent breach of trust on the part of the first defendant.

2. The learned Additional District Judge dismissed the suit, with a finding that the first defendant had been guilty of breach of trust, and the sale executed by the first de