Somayya, J.

1. The defendant appeals against the decree of the Subordinate Judge of Trichinopoly passed in A.S. No. 32 of 1939. The respondent filed the suit for a declaration that the appellant should be restrained by an injunction from collecting the rent of the B Schedule property from the tenants and from interfering with the collection of the same by the plaintiff. The plaintiff says that he was elected the managing trustee by a majority of the trustees of the suit charity and that the defendant has therefore no right to interfere with the management of the managing trustee.

2. The first question is whether a majority of the trustees have a right to elect one of them as the managing trustee so as to oust the minority trustees from, taking part in the management. It is true that the trustees acting together can come to arrangement by which they may provide for the management of the trust properties and, provided that the arrangement is in the interests of the institution, it will govern the relations between the parties. But the question is whether three out of five trustees can elect one of the three as the managing trustee and seek to prevent the other two trustees fro