1. The suit out of which this 2nd appeal has arisen was brought by one Authappa Chetty as trustee of the Kallalagar temple (subject to the supervision of the Madura Vishnu Devasthanam Committee) to recover from the defendant (appellant in this Court) the sum of Rs. 3087-8-6. The plaint alleges that the plaintiff was the lawful trustee of the Devasthanam between March and May 1902 during which period the defendant unlawfully collected moneys due to the Devasthanam for the recovery of which (with interest) the present suit was brought on 28th March 1903.

2. The defendant filed his written statement on 8th May 1908. His contentions (shortly stated were:

(a) that plaintiffs appointment in 1898 was legally invalid and hence be was not entitled as trustee to bring the present suit in 1903.

(b) that plaintiff had been rightly dismissed in April 1901 from his office as trustee and defendant was validly appointed in October 1901 by the temple committee and that defendant was therefore the legal trustee between March and May 1902 when he made the collections for recovery of which the present suit was brought, and

(c) that though defendant had ceased to be trustee in May 1903 when the wri