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Exhibit B which relates to what is known as the Mailam charities is dated the 19th of April, 1867, and is executed by Thoppai Muthia Mudaliar, Thoppai Sabapathi Mudaliar, and Thoppai Muthia Mudaliar's son Ananda Thandavaroya Mudaliar. This deed endowed properties both in Pondicherry and British India and relates to the performance of the charities in British India and Pondicherry. The deed constitutes Ayyasami Mudaliar as the first trustee and gives him power to appoint a person after his lifetime. The third deed Exhibit C which relates to what is known as the Alapakkam charities is dated the 24th of January, 1874, and is executed by Ananda Thandavaroya Mudaliar, and Ayyasami Mudaliar is constituted as the trustee and the devolution is on the male heirs of Ayyasami Mudaliar. There is no power of appointment given.

5. The correct translation as regards the power of devolution given in the first two documents is thus given by the Subordinate Judge in his judgment:

that he himself should at the time of his death appoint a person to administer the said charities after his death.

6. Exhibit I is dated the 29th of June, 1913, and it purports to be an agreement regarding the administration of the dharmam. It is executed by Murugayya Mudaliar in favour of Rathnasabapathy Mudaliar, the 1st defendant. After reciting that Thoppai Muthia Mudaliar the grandfather endowed properties for dharmam and that his son Ayyasami Mudaliar conducted the dharmam and appointed the executant Murugayya Mudaliar to administer the dharmam which he has been conducting, it goes on to state: