Varadachariar, J.

1. Plaintiffs whose suit has been dismissed by the lower Court on certain preliminary grounds have filed this appeal. They sued for recovery of possession of certain lands and for mesne profits and also sought to set aside a decree which had been obtained against them and their father. They claimed to be entitled to possession of the suit properties on the ground that under Ex. A, their grandfathers will, they had become trustees for the charities to which these properties they said had been dedicated by the said will. They recognised that as per the terms of the will, their father, the first defendant would be the trustee during his lifetime and they would become trustees only after their fathers death. They accordingly alleged in paragraphs 5 and 6 of the plaint that the first defendant had altogether ceased to perform the trust, that he had alienated the suit properties as if they were his private properties, that he had in fact gone away to French territories and that he is accordingly no longer entitled to be in management of the trust. On these allegations, they claimed that as descendants of the first defendant, they had become entitled to manage and