Somayya, J.

1. This petition is filed by the plaintiff for leave to appeal to His Majesty in Council against the judgment and decree of this Court in A.S. No. 32 of 1938. It is opposed by the respondent who was the first defendant on the ground that the decree of this Court confirmed the decision of the lower Court and that there is no substantial question of law so as to justify the grant of leave under the last paragraph of Section 110, Civil Procedure Code. The properties are admittedly worth over Rs. 10,000, and the only question is whether the other conditions of Section 110 are satisfied.

2. The facts that are necessary for the disposal of this application are these. The petitioner filed the suit for recovery of possession of the suit properties as the trustee of an endowment for certain services in Sri Papavinasa Swami Temple at Vikramasingapuram, Tinnevelly district. The properties in suit were admittedly the inams originally endowed for the performance of this trust. But, during the lifetime of the petitioners grandfather, the properties were sold in execution of a money decree against him, purchased by one Hem. Singh and transferred thereafter to Ramachandra Nachiar