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

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