Arnold White, C.J.

1. I have already dealt with the question whether the learned Judge had jurisdiction to grant the relief which he has given in this suit. The question remains whether his judgment should be upheld. The more important dates are as follow:

The defendant is the President of the Theosophical Society and the plaintiff has been a member of the Society since 1882. About the end of 1908 the plaintiff was appointed Assistant Corresponding Secretary of the Esoteric Section of the Society and he and his family took up their residence at the headquarters of the Society, Adyar, in a house which he occupied rent free. In September 1909 he removed his two minor cons, Krishnamoorti and Nityananda from school, and they received gratuitous instruction at Adyar from one Mr. C.W. Leadbeater and others. The boys were then aged about 14 and 11 The defendant first became acquainted with them in December 1909. On the 6th March 1910, the plaintiff signed a letter (Ex. A.) by which he constituted the defendant the guardian of his minor sons. The plaintiff alleges in the particulars which he was ordered to deliver that in April 1910 he witnessed the incident which is described in par