This second appeal arises out of O.S. No. 297 of 1946, a suit instituted by the appellant for rendition of accounts for the period from 13th April, 1945 to 13th April, 1946, by the first defendant of the plaint kattalai and to direct the first defendant to hand over to the plaintiff the amount due to the kattalai and also the moveables, documents, vessels and accounts belonging to the kattalai and possession of the kattalai building and for costs of suit.

The Vellalars of Nangur have been conducting a Dwadasi kattalai for a number of years. On 19th May, 1922, an arrangement was arrived at for the due management of the kattalai and it was embodied in an agreement, Exhibit P-1. Under that agreement five persons, Ayyaru Pillai, Swaminatha Pillai, Kanakasabai Pillai, Selvanayagam Pillai and Thyagaraja Pillai, were constituted as Vicharana-kartas of the said kattalai. One of the material terms of the agreement was that

“all transactions relating to the said charity, receipts and expenditure shall be conducted and done by Ayyaru Pillai and Ramachandra Pillai on behalf of Kanakasabai with our consent and, as between the two, as per the lot cast to-day, Ayyaru Pillai shall first ma