P. N. BHAGWATI, D. P. DESAI, M. U. SHAH, J.

( 1 ) THIS Special Civil Application under Article 227 of the Constitution has been placed before us on a reference made by J. B. Mehta J. Two questions have been referred to us. One is whether some only out of several cotrustees can effectively determine a tenancy by giving notice to quit and the other is whether a suit to evict a tenant can be filed by one or more cotrustees without joining other cotrustees in the suit Both questions are of frequent occurrence in cases arising under the Rent Act and even under the general law of landlord and tenant and it is therefore necessary that they be properly considered and the law on the subject should be finally settled by a Full Bench decision of this Court.

( 2 ) THE determination of these two questions must depend on the true nature and character of the office of cotrustees. The classic statement of the law describing what is the true nature and character of the office of is to be found in the following passage from Lewin on Trusts (Sixteenth Edition) page 181 :in the case of cotrustees of a private trust the office is a joint one. Where the administration of the trust is vested in cotrustees

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