Spencer, J.

1. This is a suit brought by the assignee of a permanent lease granted by the trustee of a trust called Lala Dharmam to recover possession of the suit site from the tenant in occupation. The suit was dismissed in the District Munsifs Court, on the ground that the trustee had no power to alienate the trust property and that his alienation was void and conveyed no title to the plaintiff; and on appeal the District Judge has confirmed this decision and dismissed the appeal.

2. It is contended before us that the grant of a permanent lease represented not a void but a voidable transaction and that it has not yet been avoided. In Venkataramana Ayyangar v. Kasturiranga Ayyangar (1917) I.L.R., 40 Mad., 212 (F.B.) my learned brother stated It is now settled law that ordinarily a permanent alienation of trust properties is ultra vires of the powers of a trustee. and the respondents pleader asks us to treat this expression ultra vires as meaning void; but it does not necessarily have that signification. There is also an expression by Abdur Rahim, Officiating Chief Justice, in the Full Bench Opinion in the same case that the alienation of the right of making collections for t