Govinda Menon, J.-Both these appeals arise out of the decrees of the Sub-Court, Madura, in O.S. No.1 of 1946, wherein a preliminary decree for the framing of a scheme, after removing the appellant from the office of trustee was passed on 22nd February, 1947 and A.S. No. 319 of 1947 is preferred against that decree. Against the scheme actually framed, A.S. No. 799 of 1948 has been filed and the two appeals were heard together.

One Narayanaswami Naidu who died long ago created a disposition of property for the object of conducting a mandagapadi in the town of Madurai and the person who conducts it now is the first defendant, who is Narayanaswami Naidu’s grandson, i.e., the son of Govindaswami Naidu, one of the sons of Narayanaswami Naidu by his second wife. The plaintiff in the lower Court is another grandson of Narayanaswami Naidu being the son of Venkataswami Naidu, the uncle of the first defendant. The other defendants are the descendants of Venkataswami Naidu. It is not necessary to set out in detail the relationship between the parties as the same is admitted and is found in the genealogical tree appended as Schedule & to the scheme. The history of this trust is set out in the ju

Click Here to Read the rest of this document