JUDGMENT :

P. VELMURUGAN, J.

PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure, against the Judgment and Decree dated 07.04.2003 made in A.S. No. 199 of 2001 on the file of the II Additional District Court, Madurai confirming the Judgment and decree dated 13.07.2001 made in O.S. No. 804 of 2000 on the file of the III Additional Sub Court, Madurai.

1. The appellant is the plaintiff in O.S. No. 804 of 2000 on the file of the III Additional Sub Court, Madurai. The appellant filed the suit for removal of Trustees and for framing a scheme by appointing him as a Trustee for administration of the Trustee and to hand over the possession of the Trust properties. The said suit was dismissed by the trial Court. Challenging the said Judgment and Decree passed by the trial Court, the appellant/plaintiff filed the appeal before the II Additional District Judge, Madurai in A.S. No. 199 of 2001. The first appellate Judge, after hearing the appeal, dismissed the same and confirmed the Judgment and Decree passed by the trial Court, against which, the appellant/plaintiff has filed the present second appeal before this Court, raising the following substantial questions of law:

“1. Whet