Srinivasa Aiyangar, J.

1. Some unusual and difficult points have been raised and urged in the course of the argument in these second appeals. The present appellants, it must in limine be observed, were not parties personally to the litigation or decree in the lower appellate Court and they have sought to file this appeal as the present trustees or dharmakarthas of Kasi Viswanatha Swami temple, Sivakasi. Their case is that there were two former trustees or dharmakarthas of this temple, that both of them tendered their resignation on or about the 8th July 1922, that one of the trustees died in January 1923, leaving the other alone surviving, that the resignation of the surviving trustee was accepted by the temple committee on or about the 5th August 1923, that the present appellants were appointed by the committee as the two trustees for the devasthanam and that they took over charge on the 13th January 1924. In the meantime after the death of one of the trustees and also after the acceptance by the committee of the resignation of the trusteeship by the surviving trustee on or about the 24th November 1923 the appeal in the lower appellate Court was heard after argument by the