1. This is an appeal from the decree of the District Judge of Kistna in Original Suit No. 23 of 1890 The appellant is the first defendant, a first-grade pleader, who became the purchaser in Court auction of the village of Devarapalli. The plaintiff, as trustee of the temple of Sriranganaya-kaswami, sues to set aside the sale alleging fraud on the part of the first defendant. The District Judge found that first defendants purchase was tainted with fraud, and set aside the sale.

2. The first question is whether the first plaintiff is the dharmakarta of the temple, and as such entitled to maintain the suit. The village of Devarapalli originally formed part of the zamindari of Vallur, but in July 1847 it was assigned by the then zamindar in favour of first plaintiffs grandfather Koppu-la Seetaya Naidu, as an endowment of the temple of Sriranganayakaswami, which had boon erected by Seetaya Naidu. The village was sub-divided from the zamindari, and a peishcush of Rs. 541 fixed for it by the Collector and the village was handed over to Seetaya Naidu on his agreeing to pay the peishcush. He was succeeded by his son Pattabhiramaswami Naidu, on whose death the village was registered i