K.M. NATARAJAN, J.

1. The unsuccessful first defendant before the courts below has preferred this Letters Patent Appeal challenging the judgment and decree passed in A.S. No. 1150 of 1979 rendered by a learned single Judge of this court.

2. The brief facts which are necessary for the disposal of the appeal are as follows:—

The respondents filed the suit for a declaration that the Kaikkan Pathy Narayanaswamy Trust is the private family trust of the respondents and others, namely, the appellant/first defendant and defendants 2 to 10 for removal of the appellant from management; for appointing new trustees and vesting trust properties in them; for rendition of accounts by the appellant from 28.8.1983 and for settling a scheme. The case of the respondents-plaintiffs is that one Parameswaran Nadar constructed a temple and installed, Narayanasami therein and he was conducting daily poojas, monthly kattalais and yearly festivals. The said Parameswaran Nadar acquired 11 items of properties for the said purposes. Respondents 1 and 2 are the sons of Parameswaran Nadar. Respondents 3 and 4 are his major grand-sons. During his life time, Parameswaran Nadar himself has constituted as