Alfred Henry Lionel Leach, C.J.

1. The appellants are the trustees of the Viswanathaswami Koil at Puliyangudi in the Chidambaram taluk. The mentality which their case discloses is surprising in persons holding their position.

2. By a will dated the 12th April, 1901, one Muruga Padayachi directed that the income of certain immovable properties should be dedicated to the temple. The testator died shortly after the execution of the will Twelve months before the will was made he adopted as his son the respondent. The properties which Muruga Padayachi purported to settle belonged to the joint family and therefore his testamentary directions in this respect were entirely invalid. The respondent was a minor when his father died, but after he came of age, he fulfilled for a time his fathers directions, by paying over to the trustees the income of the properties set aside for this, temple. Later, he decided that he would not recognise the settlement as a valid one and consequently refused to pay over the income of the propertied to the trustees. In 1927 the first appellant, as the trustee of the temple filed a suit to recover from the respondent the income of the properties for three