Anantakrishna Aiyar, J.

1. M.A.R.N. Ramanathan Chettiar, a Nattukottai Chetty, who was carrying on money-lending transaction under the firms name of M.A.R.N. Ramanathan Chettiar, was a member of the Committee of the Naga-rathar Sri Meenakshi Vidyasala Paripalana Sangam and also the treasurer of the Sangam. The Sangam is compendiously called "The Nagarathar School, Devakottah." In his capacity as treasurer, Ramanathan Chettiar collected various sums subscribed for the school which the Sangam was maintaining. He paid these sums into his own business, and in 1925 the firm was adjudicated insolvent. At that time there stood to the credit of the trust in his firms books a sum of over Rs. 40,000. The committee of the Nagarathar School, Devakottah, claimed that the said amount should be paid in full by the Official Assignee in preference to the other debts due to other ordinary creditors of the firm. The Official Assignee passed an order on 25th May, 1927 to the effect that the relationship between the Nagarathar School, Devakottah, and the insolvent was that of a debtor and creditor and no more. The Official Assignee went further and held that even assuming for the purpose that th