Leach, C.J.

1. By a will dated 6th June 1895 one Ponnammal directed that out of the income of certain immovable properties belonging to her the cost of performing religious Services in temples specified by her should be met. One of the temples is the Sri Kothandaramaswami Temple at Adambar in the Tanjore district, of which the appellants are the trustees. In 1941 they instituted a suit in the Court of the District Munsif of Mayavaram against respondents 1 and 2, the successors in interest of one Subbaraya Ayyar who became possessed of the properties subject to the charges created by the testatrix. There were other defendants but it is not necessary to state why they were joined as parties. Respondents 1 and 2 strenuously defended the action. In the first place they denied that a valid charge had been created by the testatrix in favour of the Sri Kothandaramaswami temple and they averred that the suit was not maintainable by reason of the provisions of Sections 44 and 73, Madras Hindu Religious Endowments Act of 1926. The District Munsif held that a valid charge had been created and under it respondents 1 and 2 were liable to pay to the trustees of the temple 15 kalams of pa