Viswanatha Sastri, J.

1. Appeal by the legal representative of the deceased 1st plaintiff against the appellate decree of the Court of the Subordinate Judge of Sivaganga in Appeal Suit No. 66 of 1920. The suit was instituted by the deceased 1st plaintiff as hukdar of the Wallajah Nawab Jumma Kotwa Pallivasal at Sivaganga for delivery of possession of the site leased to the 1st defendant. The 1st defendant denied the sole right of the 1st plaintiff to the hukdarship and management of the Pallivasal and contended that the Pallivasal and its properties were being managed by the Muhammadan community of Sivaganga through persons appointed by them. He further contended that he was only in possession of the southern portion of the site as lessee from Keelaka, Perottasi, with the permission of the then managers, that he had executed a rent deed in their favour on 14th June 1915, for a period of three years, and that he was never in possession of the northern portion. The first issue framed related to the question whether plaintiff was the sole trustee of the Pallivasal and whether he was entitled to maintain the suit. The third issue and the additional first issue related to the que