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Judgment
Moidunni and Pathamma were admittedly trustees. Moidunni died in 1885 and the 1st defendant took possession of the plaint lands after his
death and has continued in possession ever since. The Judge finds that the 1st defendant was a ""self-constituted"" trustee and came into the
possession of the property as such on the death of her brother Moidunni. The 1st defendant''s case, which the Judge apparently accepts, is that till
Pathamma''s death they acted jointly as trustees. As the 1st defendant has been in possession of the office of trustee from 1886, she has now
become a trustee and is entitled to continue in possession of lands. Pathamma''s interest has passed under the settlement Exhibit B to the plaintiff
and defendants Nos. 3 and 4. They can only claim to be joint trustees with the 1st. defendant and their claim for exclusive possession must fail. We
are unable in this cape to allow the plaintiff to convert the suit into one for joint possession as the plaintiff and the 4th defendant are in possession of
other trust properties which are not the subject of suit.
We, therefore, set aside the decree of the District Judge and restore that of the Munsif with costs in this and in the lower appellate Court.