Patanjali Sastri, J.

1. This appeal arises out of a suit brought by the appellant as the managing trustee of. a certain charity known as " M.M. PL. Annadhana Chatram" at Nemathanpatti, Ramnad District, for release of a certain land and building from attachment effected in execution of a decree obtained by the first respondent (hereinafter referred to as the respondent) against the legal representatives of one M.M. PL. Palaniappa Chetty.

2. Palaniappa Chetty was carrying on banking and money lending business in various places in India and Burma with his headquarters at Nemathanpatti. In 1923 the respondent brought a suit against Palaniappa and others in the District Court of Pyapone in Burma for recovery of possession of certain lands and premises with mesne profits. During the pendency of the suit Palaniappa died in 1925, having made a will dated 2nd June, 1925, whereby he bequeathed the bulk of his separate properties to various charities and appointed his two sons Chokkalingam Chetty, the appellant herein, and Kasi Chetty executors under the will to carry out the directions contained therein. These executors were brought on record as the legal representatives of Palaniappa