Abdur Rahaman, J.

1. This appeal arises out of a suit under Section 73 (2), Civil P.C., for refund of certain assets paid to defendant 1 on his application for rateable distribution. The facts which led to the present suit are that one Vijjappu Kamakshamma executed a will on 16th September 1918 bequeathing her stridhanam properties of the value of Rs. 20,000 for the establishment of a public watershed and a public choultry for feeding people and appointed her brother Nalam Subrarnanyam as an executor and a trustee for carrying out her directions contained in the will. On the allegation that Nalam Subramaniam had failed to carry out the directions in his sisters will after her death, a suit O.S. No. 8 of 1932 under Section 92, Civil P.C., was instituted in the Court of the District Judge of East Godavari at Rajahmundry for Nalam Subramaniams removal from the trusteeship and for a settlement of a scheme. Nalam Subranianiam died before filing a written statement and his son and widow were brought on record as his legal representatives. A decree (Ex. B) was eventually passed against these representatives on 11th February under which a scheme was framed by the Court and the prese