1. Defendant No. 12 in O.S. No. 234 of 1975 on the file of the Subordinate Judge, Karur is the appellant.

2. Two schedules of properties (A & B) are attached to the plaint. All these items belong to one Periasamy Muthariar who executed the original of Ex. A.1 will on 17.3.1949. In this case we are concerned only with the ‘B’ schedule items in the Will which is described as ‘D’ schedule item.

3. According to the plaintiff, the plaint ‘B’ schedule items are dedicated for charity and none has a right to alienate or encumber the same. It is stated that ignoring the provisions of Ex. A.1 Will, various alienations have been effected and the same are ab initio void.

4. It is the further case of the plaintiff that the entire ‘B’ schedule properties are dedicated to charity and except the right to take the income or to be in possession, defendants 1 and 2 have no right to alienate the same.

5. The appellant contended that there is no will and no reliance could be placed on Ex. A.1. It is further contended that even assuming that the will is valid, there is no dedication to charity and at the most, the properties were burdened with the performance of charity and it did not affect