K.M. Natarajan, J.

1. The unsuccessful defendant in O.S. No. 197 of 1981 on the file of the Subordinate Judge, Tiruchirappalli, has preferred this appeal challenging the decree and judgment passed in the said suit.

2. The case of the respondent-plaintiff is briefly as follows :-- The plaintiff's grand-father Marudaiya Pillai, who was a devotee of Sub-ramaniaswami wanted to perform a charity on auspicious days like Karthigai, including feeding poor. He constructed a building and named it after "Karthigai Annadhana Mandapam" next to his house at door No. 24, Thiruthanthoni Road, Woriyuur, Tiruchy and he was performing the said Kattalai. His ambition was that the Kattalai must be continuously performed without any break even after his lifetime. Hence, he created a permanent trust under the name and style of "Karthigai Kattalai attached to Annadhana Madam" and endowed properties set out in the schedule thereto. In the said madam, there is a portrait of Palani Dhandayudhapani for which he used to perform pooja on every Karthigai day of every Tamil month. Accordingly, he has created a permanent trust in the last Will and testament dated 12.7.82.

3. As per the recitals in the Will he