JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree of the lower appellate court dated 30.07.2021 passed in A.S.No.111 of 2018 on the file of the Subordinate Judge`s court, Sivagangai, confirming the Judgment and Decree of the Trial Court dated 24.09.2018 passed in O.S.No.5 of 2015 on the file of the District Munsif`s Court, Sivagangai and to allow the Second Appeal.)

1. The plaintiff is the appellant in the Second Appeal. He had filed a suit for declaration that he is the hereditary trustee of the Kattalai known as Shri Swarnakaliswarar Temple Devakottai Jamindar Kattalai and restraining the respondents 1 and 5/defendants 1 and 2 from making any encumbrance of the said Kattalai and rendition of accounts and delivery of documents.

2. It is the case of the plaintiff/appellant that one AL.AR.Ramasamy chettiar was the founder of the Kattalai known as Devakottai Jamindar Kattalai and the plaintiff is the direct lenial descendant of the said Ramasamy chettiar. The said Ramasamy chettiar executed a Will on 18.11.1899 stating that the first born male member in the family shall be the hereditary trustee. After the demise of