Chitambaresh, J.

The controversy in regard to the land, the buildings as well as the administration of M.E.S. Asmabi College, school, hostel etc. needs to be quelled soon lest the students are put to peril. The suit property of extent 25 acres is situate in Kodungallur in Kerala wherein the tourists flock to see the oldest Mosque in India - Cheraman Juma Masjid - built by Malik bin Dinar in 629 AD.

2. 'Ismail Hajee Essa Trust' [hereinafter referred to as 'the Trust'] was founded by one Mr. Essa Ismail Sait with the laudable object of establishing educational institutions. Vast tracts of land lying contiguous were purchased for the purpose under Exts.B1 to B9 sale deeds and structures partially constructed. The defendants thereafter completed the construction and put up additional structures wherein a college, school and hostel are being run. Disputes arose as regards the management of the educational institutions which has eventually paved the way for the suit at the instance of the Trust. The suit as amended is one for declaration of title as well as the right of management of the institutions and also for recovery of possession.

3. The defendants who are the Society and its office bearers contended that the property was purchased not on behalf of the Trust but by its founder on his own behalf. The defendants pointed out that Exts.A1 and A2 deeds of declaration of Trust were executed long after the execution of Exts.B1 to B9 sale deeds. It is the case of the defendants that there was at any rate an oral gift of the property by the plaintiffs in their favour valid under the Mohammedan Law. The gift was accepted and the semi-constructed buildings were completed wherein the educational institutions have been functioning for long. The defendants disputed that the plaintiffs had role in the management at any point of time and the institutions have also been affiliated to University.

4. The court below has upheld the oral gift by the plaintiffs in favour of the defendants and has also held that the plaintiffs are not in management of the institutions. The court below has dismissed the suit against which the plaintiffs have come up in appeal producing along with it documents as additional evidence. We heard Mr. M. Ramesh Chander, Senior Advocate on behalf of the appellants and Mr. R.D. Shenoy, Senior Advocate on behalf of the respondents.

5. The acquisition of the property was under Exts.B1 to B9 sale deeds executed in the year 1965 wherein the vendee is Mr. Essa Ismail Sait on behalf of the Trust. The property lying contiguous were so purchased by Mr. Essa Ismail Sait for a purpose discernible from Ext.A1 deed of declaration of Trust executed in the year 1966. The object of the Trust was to start a college by name 'Asma Beevi Women's College' for imparting education particularly to those of muslim community. Mr. Essa Ismail Sait shall be the Managing Trustee of the Trust for his life time and thereafter his brothers and successors as per the terms thereof. Ext.A2 deed of declaration of Trust was later executed in the year 1997 substantially reiterating the terms contained in Ext.A1 deed. The question to be considered at the outset is as to whether the acquisition under Ext.B1 to B9 sale deeds would enure to the benefit of the Trust or not.

6. Exts.A1 and A2 deeds reflect that the beneficiaries are the public at large and not an ascertained body of persons leading to the conclusion that it is a public Trust. It is not necessary to execute an instrument in writing signed by the author of the Trust and get it registered for the creation of a public Trust. The same may of course be necessary under Section 5 of the Indian Trusts Act, 1882 which however applies to a private Trust only. What is essential is that there should be an unambiguous expression of intention to divest the interest of the donor for the benefit of the Trust. Such divestiture can be proved by attendant circumstances and it is not necessary that there should be a