Wallace, J.

1. This C.M.A. and C.R.P. are against the order of the lower Court dismissing an application presented under a scheme decree in A.A. Order 218 of 1925 on the file of the High Court. Under Rule 2 in that scheme, which was for the management of the Anjukoil Devasthanam, it is declared that when a vacancy occurs in the trusteeship the Pandara Sannadhi for the time being of Thiruvannamalai mutt shall be appointed trustee unless the District Court of Ramnad for any valid reason decides him to be unfit.

2. The late Pandara Sannadhi who was the trustee died on 10th June 1928. The petitioners applied under this rule on 25th June 1928: to the lower Court to declare respondent 1, who claimed to have succeeded as Pandara Sannadhi, to be unfit for appointment as trustee and to appoint either one of the petitioners or some other proper person to be trustee and for other reliefs. The District Judge dismissed the application, holding that Rule 2 of the scheme is ultra vires and the petitioners came up by way of appeal and revision. It is conceded that no appeal lies and the case has been argued as one in revision.

3. In the lower Court it was alleged by the petitioners, inter ali