The Chief Justice: The appellant is the trustee of the Sri Lakshminarayana Perumalswami temple at Pallapalayam in the Uudmalpet taluq. He was appointed to the office in 1933, displacing the first defendant. He sued in the Court of the District Munsiff of Udumalpet for a declaration that a mortgage created by the first defendant of properties described in the plaint as items 1 and 2, that a sale by the first defendant of item 3 and a sale by the Court of item 4 were not binding on the trust and that he was entitled to recover possession from the alienees. The first and second items were mortgaged by the first defendant to the fourth defendant on the 12th May, 1928. The first defendant had then been appointed the trustee. The property was mortgaged as belonging to the first defendant and his two brothers, who joined in the mortgage. Two days later the first defendant sold the third item to the fourth defendant, again treating the property as belonging to himself and his brothers. The fourth item was sold in a Court auction on the 10th January, 1921. It had been attached as the private property of the first defendant, who allowed the sale to proceed on that basis. The auction purchase

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