Patanjali Sastri, J.-These appeals arise out of a suit and a cross suit brought to establish the rival claims of the parties to certain immoveable properties left by one Ramaswami Goundan who died in 1941. The first plaintiff who is a minor represented by the second plaintiff, his mother, acting as his next friend, brought O.S. No. 53 of 1942, in the Court of the Subordinate Judge of Coimbatore claiming that a dharmasasanam (or deed of charitable endowment) executed by Ramaswami was a sham and nominal transaction and that he as the undivided son of Ramaswami succeeded to the properties comprised in the deed by survivorship, and, in the alternative, that he was the only person entitled to manage the properties on behalf of the charity in case the deed was upheld as a valid dedication. He accordingly prayed for a declaration to that effect and for sundry other consequential reliefs which it is unnecessary to detail here. The son of Ramaswami by his first wife was called as first defendant to the suit and he filed a written statement as the sole contesting defendant pleading inter alia, that the deed of endowment created a valid trust intended to be operative and was given effect to a

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