1. These two appeals arise out of a suit by the plaint iff-respondent for a declaration that a mortgage decree in favour of the appellant in A.S. No. 195 is not binding on the Subject-matter of the mortgage, and to recover certain lands sold to the appellants in A.S, No. 269, on the ground that the respective mortgage and sales were of property belonging to a public charity and were made in breach of trust by the alienor, defendant 1. The lands in question were dedicated to charity by one Valliammai Anni. This appears from an authenticated copy of this ladys will which has been produced by a French notary. The lady resided in Karaikal; her will was made there and was executed and deposited in a notarys office in accordance with the French law. It was not disputed in argument by Mr. Patanjali Sastri, the learned Counsel for the appellant in A. S No. 195, that there is a charitable trust or that under the terms of the will the plaintiff would be entitled to the trusteeship if he had by adoption become a member of defendant 1s family in which the trusteeship of the charity was vested. Dr. John however on behalf of the other set of appellants has addressed to us an argument, wh