Krishnaswamy Reddy, J.-The appellant who claims to be the eldest male heir to the founder of a trust, filed the suit for a declaration that he is entitled to administer the trust created by his forefathers and for possession of the suit properties from the defendants to administer the trust as trustee. The suit was dismissed by the learned Subordinate Judge, Chingleput. Hence the appeal.

2. To appreciate the facts and the contentions raised by the parties in this appeal, it is necessary to note the following pedigree:

3. Subbaraya and Arunachala were the sons of Muniappa by his second wife, Perundevi and Ponnambala was the son of Muniappa by his first wife Thylamma. Muniappa and Ponnambala were employed as Kolathu maistries, Subbaraya as road maistry and Arunachala as Overseer in Public Works Department. The family owned two houses in Kancheepuram and some lands in Vedal village near Kancheepuram. In 1855, there was a partition between the father Muniappa and his sons, Ponnambala, Subbaraya and Arunachala. Ponnambala got a house at Kancheepuram in the partition which he subsequently sold to Subbaraya and Arunachala Muniappa died in 1858. Subbaraya and Arunachala continued to live as members of a joint family. Arunachala acquired considerable properties from and out of his own earnings. Though married, Arunachala had no issues. He retired in 1879. He filed a suit for partition against his brother Subbaraya and obtained a decree under which each of them was entitled to a half share in the family properties. In 1887, Arunachala purchased the half share of his brother, Subbaraya and thus he became the owner of the entire property belonging to the family.

4. Arunachala was a pious and charitably minded man. During his life time, he built a choultry in Tiruttani and a Vinayagar temple and choultry in Greanspet, Chittoor. He was also performing several charities. He constructed a house in Arkonam, the income from which was meant to be utilised for the performance of the charities and religious rites. As he was issueless, he proposed to adopt a boy from the family. He executed a will on 1st May, 1896 (Exhibit A-1) bequeathing certain properties absolutely to the boy proposed to be adopted by him and creating a trust in respect of the charities performed by him by setting apart certain specific properties for the performance of such charities. He also appointed executors 10 administer the properties after his death. He died in 1898.

5. Subbaraya, brother of Arunachala had three sons, namely, Murugesa, Annamalai and Muniappa. Annamalai and Muniappa had no issues. Murugesa had two sons, Subbaraya and Natesa. Natesa was adopted to the deceased Arunachala six or seven days after the death of Arunachala. Natesa was then four or five years old. Murugesa was managing the properties of Natesa including the trust properties mentioned in the will of Arunachala as Natesa was a minor. Murugesa died in 1918. After the death of Murugesa, though Natesa was a major at that time, his elder brother Subbaraya was managing the trust properties. Subbaraya died in 1938. After his death, his wife, Andalammal (3th defendant) was in possession of the trust properties. From her, Natesa got possession of four items of trust properties tinder Exhibit B-11 dated 16th January 1939.

6. Natesa executed a trust deed Exhibit A-2 on 23rd December, 1938, in respect of the charities performed by Arunachala as mentioned in Exhibit A-1 and appointed himself as a trustee along with two others for the purpose of the administration of the trust. It was provided in Exhibit A-2 that the eldest male member of his family in the line of succession should be a permanent trustee. Natesa had no issues. He executed will Exhibit A-8 on 14th May, 1940, bequeathing the ‘A’ schedule properties therein in favour his wife Kalyanasundarammal and appointing Kalyanasundarammal, her brother Singaravelu Mudaliar, the second defendant and two others as executors to perform the charities and to administ

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