1. Plaintiff sues for partition and delivery to him of one-third of the properties annexed to the plaint which are claimed to be the properties of the joint family consisting of himself and of the 1st and 2nd defendants. He also prays for the settlement of a scheme for the management of the charitable and religious endowments mentioned in part III of the 2nd schedule.

2. The defence of the first defendant is that the properties are impartible. His contention is that he and his ancestors were the hereditary gurus of the family of the Maharajahs of Tanjore and that these properties appertain to the office of guru as such. He further contends that his ancestor who was brought to Tanjore as his guru by the then Maharajah was also the head of a mutt and that these properties appertain to that mutt.

3. The Subordinate Judge has found that the parties formed an ordinary Hindu family and has decreed partition. This is an appeal against the decision.

4. Most of the properties specified in parts I and II of schedule II were given by the then Maharajah of Tanjore to one Sri Sethu Banaswami stated to be a disciple of the Meruswami mutt in Manuargudi. He had an only son Sri Ramasethuswami