1929    Present: Fisher C.J. and Drieberg J.

MARKANDAN v. A1YAR.

447-D. C. Jaffna, 22,114.

Hindu temple-Appointment of manager-Power to delegate officer- Trusts Ordinance, 1917, s. 49.

Where a person is appointed manager of a Hindu temple by a writing " with power to appoint, if necessary, one or more persons under him as manager, " and where it is provided, that " on his failure to manage the temple or in case he withdraws himself from the management, " the right to appoint a new trustee is expressly (reserved.

Held, that the manager was not entitled to delegate all his powers both discretionary and ministerial to another.

THIS was an action brought by one Markandan by his attorney Sangarapillai Kanapathimuttu against the first defendant, who is the priest of a Sivan temple at Changani in Jaffna, and the second defendant, who assisted the first defendant in the performance of his duties. The plaintiff asked for the. removal of the first defendant from the office of priest and the ejectment of the second defendant.

It was contended by the defence that the action was not maintainable as Markandan in purporting to exercise the power conf