1. The question arising for decision in this appeal is whether the trusteeship of the suit choultry founded for feeding wayfarers goes with the ownership of the impartible estate and passes even to a stranger when he becomes the transferee of the estate. The suit choultry is situate at Teni, midway between the headquarters of the Thevaram Zamindari, which is an impartible estate in Madura district, and Madura, the headquarters of the district. The choultry was founded between 1875 and 1877 by Konda Bommu Naicker, the then Zamindar of the Thevaram Zamin. For the upkeep and conduct of the charity Konda Bommu Naicker endowed certain lands, shops and buildings situate in several villages. The village of Teni where the choultry is situate is outside the Thevaram Zamindari. The appellants case is that the founder intended the choultry to be annexed to the Zamindari itself and that whosoever is the Zamindar for the time being of the Thevaram Zamin is to be the trustee and manager of the choultry. It is also said that by the usage of the institution the Zamindar for the time being is entitled to the trusteeship of the suit choultry.

2. After Konda Bommu Naicker who died in 1877, his