RAJAMANNAR, C. J. :- These are appeals from the judgment of Rajagopalan, J., dated 11-9-1950 in two suits C. S. Nos. 494 and 493 of 1949 on the file of the Original Side of this Court. The Rajah of Vizianagaram is the plaintiff in both the suits. The four defendants in each suit are the same, though there is a slight difference in their rank. They are :

1. Maharaj Kumar Dr. Sir Vijaya Anand Gajapathi Raj, the paternal uncle of the plaintiff, hereinafter referred to in this judgment as Vijaya,

2. Sri Rani Lalitha Kumari Devi, Dowager Maharani of Vizianagaram, his grandmother, hereinafter referred to as the Dowager Maharani,

3. Sri Rani Vidyavathi Devi, Rani Saheba of Vizianagaram, his mother, and

4. Raj Kumar Sri Visweswar Gajapathi Raj, his brother.

2. It is common ground that originally the Vizianagaram Zamindari (which included the estate of Kasipuram), was an impartible estate. A sanad was granted under the Permanent Settlement Regulation to Narayana Gajapathi Raj in 1803. The following is the genealogy of the Vizianagaram family in so far as it is material for these appeals :

3. Narayan Gajapathi Raj died in 1845 and was succeeded by his son Sir Viziarama Gajapathi Raj who died in 1879 leaving him surviving his only son Sir Ananda Gajapathi Raj, his daughter who became the Maharani of Rewa and his widow Alak Rajeswari. Anand Gajapathi succeeded to the raj. He died on 23-5-1897 issueless. He left behind him his last will and testament dated 22-7-1896 (Ex. P. 6) under which, after providing for certain legacies and allowances, he bequeathed the impartible estate as well as all his moveable and immoveable properties to Chittibabu Viziaram Raj who was the son of his mothers brother. The nature and amplitude of the estate conferred on Chittibabu by this will is in controversy and will be dealt with later in this judgment. The testator obviously expected Chittibabu to be adopted by his mother Alak Rajeswari to her husband Sir Viziarama. Chittibabu was actually adopted by Alak Rajeswari to her husband on 13-12-1897, and on the next day, 19-12-1897 a deed of adoption was executed between her and the mother of Chittibabu (Ex. P. 7). Chittibabu was duly registered as the holder of the impartible estate on 1-11-1898. The extract from the Register of Transfers shows that his title was traced both to be will of Ananda Gajapathi as well as to his adoption to Sir Viziarama Gajapathi. Alak Rajeswari died in 1901 leaving a will dated 5-1-1898 bequeathing all her immoveable properties to her daughter, the Maharani of Rewa, for her life and thereafter to her adopted son Chittibabu.

On 28-10-1912 Chittibabu executed a deed of trust (Ex. P. 11) conveying the impartible estate and various other properties belonging to him to a trustee for the benefit of his minor son Alak Narayan subject to the payment of maintenance and other allowances to himself and other members of his family and after providing for the payment of his creditors. This is one of the important documents in the case and its provisions will be discussed in due course with reference to the contentions put forward by both sides regarding the construction of some of its clauses. It is sufficient to say at this stage that it was inter alia provided under this deed that Vijaya should be paid a sum of Rs. 5000 per month during his life on his attaining majority. On 14-12-1912, the Maharani of Rewa died leaving behind her a will dated 14-12-1911. In and by this will she bequeathed all her moveable and immoveable properties subject to certain legacies and directions to Chittibabu for his life and thereafter to Alak Narayan and Vijaya, to the former two-thirds and to the latter one-third thereof. One of the largest assets covered by the will is a sum of Rs. 17 lakhs which the Vizianagaram Samasthanam owed to her. On 18-5-1914 the trustee constituted under the deed of trust which had been executed by Chittibabu, purporting to act under the power conferred on him by para 33 of that deed