Leach, C.J.

1. In Vedakannu Nadar v. Nanguneri Taluk Singikulam Annadana Chatram A.I.R. 1938 Mad. 982 a Bench of this Court held that a de facto trustee is in no better position than a trustee de son tort and cannot maintain an action on behalf of the trust, even should it be for the benefit of the trust. This opinion is said to be in conflict with the judgment of this Court in Kasim Saiba v. Shudindra Thirthaswami (1995) 18 Mad. 359 and of the Calcutta High Court in Sheo Shankar Gir v. Ram Shewak (1997) 24 Cal. 77. The appeal has been placed before a Full Bench as Chandrasekhara Aiyar J. before whom it came in the first instance, was of opinion that it involved consideration of these decisions. When the facts of the case are fully appreciated, it is apparent that the appeal does not call for such a discussion. The shrotriem village of Jonnavada in the Nellore district belongs to two dieties, Sri Mallikarjunaswami and Sri Kamakshi Thayi, At the inam settlement the ownership of the village by these dieties was recognized. In Original suit No. 52 of 1917 of the Court of the Subordinate Judge, Nellore, a scheme was settled for the management of the temple (which is a non-except