SRINIVASAN, J.

1. This appeal is against an order passed by a single Judge of this Court in Application No. 2230 of 1996 on 10.7.1996, appointing the 1st respondent herein as the trustee of the Wakf known as “Saidani Bibi and Masthan Owlia Durga and Makan Trust.” The Management of the trust is governed by a scheme framed in CS No. 43 of 1951 on 27.4.1954. It is provided in Clause 4 of the said Scheme that the Board of Trustees shall consist of three members and it shall be constituted as follows:

I. One Member to be the hereditary member of the defendants family and after them one of their male issues desending either through sons or daughters to be appointed by this court for life, on the principle of the most eligible amongst them. On the extinction of the line of these two brothers, this hereditary trusteeship shall stand converted into an ordinary one and the trustee shall be appointed by the court.

ii. The other two trustees shall be appointed by the court and they shall hold office for a period of 5 years.

2. The 1st defendant in the suit was one P.A. Gulam Dastagit Rowther. The 1st respondent in this appeal filed Application No. 2230 of 1996, which, according to lear