Ayling, J.

1. The suit out of which this appeal arises was brought by plaintiff (1st respondent) to declare the validity of his election as a member of the committee of the Abbas Ashoor Khana or Thousand Lights Charities in Madras. These charities are governed by a scheme framed by this Court in O.S. No. 392 of 1878. The decree in that suit (Exhibit VII) provides inter alia for a managing committee of five members (including the president), and three muttawallis working under them. Vacancies in the committee were to be filled by election by an electoral body consisting of the remaining committee members and the three muttawallis. According to plaintiff, he was validly elected in accordance with the rules contained in the decree at a meeting held on 7th June, 1914.

2. Defendants Nos. 1, 4 and 5 who are admittedly members of the electoral body above referred to, raised various objections to the validity of the election, which were all rejected as baseless by the City Civil Judge, who gave plaintiff the declaration sued for. Hence this appeal.

3. Before us, the validity of the election was attacked on three grounds. Two of these may be briefly disposed of. It was argued:

(1) that