Devadoss, J.

1. A scheme suit was framed for a mosque at Bezwada in O.S. No. 113 of 1913. Five worshippers at the mosque applied to the Subordinate Court at Bezwada to have the scheme amended. The Subordinate Judge, after taking evidence, has amended the scheme to a considerable extent. This appeal is by the members of the panchayat who were appointed to hold office for life. The question raised in the appeal is whether the following clause in the scheme is ultra vires or intra vires.

The provisions of this scheme may be altered or modified as if it were in execution of the decree in this suit on the application of not less than three worshippers resident in Bezwada to the Sub-Court exercising original jurisdiction over the town of Bezwada or in the absence of such Court, the District Court of Kistna.

2. The contention of Mr. Ramadoss for the appellant is that this provision is ultra vires. Before considering the question whether such a clause is ultra vires or not, we have to see what the clause means. Under the clause an application can be made as if in execution of the decree. It has been held by the Privy Council in Sevak Jeranchod Bhogilal v. Dakore Temple Committee A.I.R