Krishnan, J.

1. In this case, the suit was for possession of a land, set apart for charities, at the time when partition was effected between the plaintiffs and the other members of their joint family. The partition deed is evidenced by Exhibit A, which says that 46 cents of land are set apart for Vanabhojanam charities, paying an assessment of Rs. 1-3-0. It says, in another portion of the document, that D schedule properties, which are the properties set apart for Vanabhojanam charities, shall remain with Muthukrishna Naidu for Vanabbojanam Dharmam, to be celebrated in the month of Karthigai. The properties were being managed for the purposes of charity by Muthukrisbna Naidu, who is the paternal uncle of the plaintiffs. He mortgaged this and other properties to the defendant for a certain sum of money. The defendant brought a suit on that mortgage and got the property sold in Court auction and purchased it himself, with the leave of the Court. The plaintiffs now sue to recover the property for the performance of the charity, claiming that the mortgage and the subsequent sale are not binding on the property : the property having been dedicated to charity. The District Munsif