Ramachandra Iyer, J.-

These Appeals arise out of the decree and judgment in O.S. No. 35 of 1953 on the file of the Sub-Court, Madurai. Plaintiffs and 4th defendant are appellants in Appeals Nos. 272 and 425 of 1955 respectively. The suit was one for partition of the plaintiff’s share in the properties set out in schedules A to F to the plaint. The A schedule properties had been dedicated to a trust and the parties are agreed that the trust was a private one; the only dispute between them is regarding a scheme for management of the performance of the trust. The B schedule relates to the lands, C schedule to a house, D and E schedules to the two outstandings and a business, and F schedule to shares in Sri Meenakshi Mills alleged to be owned by the family.

One Chokalinga owned the properties. He left behind him two sons, Velusami and Tirupathi who are respectively 1st and 4th respondents in A.S. No. 272 of 1955 and the 4th respondent and appellant in A.S. No. 425 of 1955. It will be convenient to refer to the parties according to their rank in A.S. No. 272 of 1955. The appellants are the son and grandson of Tirupathi, the 4th respondent, while the 2nd and 3rd respondents are the sons of

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