Phillips, J.

1. In this ease the plaintiff and his family obtained a saswatam lease of certain property which was dedicated in trust. The plaintiff was appointed the managing trustee and in pursuance of that appointment, he gave notice to the person in possession of the property to deliver it up. The title of plaintiffs transferor was disputed and subsequently plaintiff purchased the saswatam right from the rival jenmi in his own name. He now sues for damages for trespass and an injunction. The lower Appellate Court dismissed his suit on the ground that under Section 8 of the Trusts Act, plaintiff was bound to hold the property on behalf of the trust and could not, therefore, bring a suit in his personal capacity in derogation of the trust.

2. The first argument put forward in appeal is that inasmuch as the plaintiff did not obtain actual physical possession of the property, Section 88 does not apply. In Section 88 there is no recital as to the possession of the property and in the cases relied on by the appellant Muniswami Chetty v. Maruthammat 7 Ind. Cas. 170 : 20 M.L.J. 687 at p. 698 : (1910) M.W.N. 233 : 8 M.L.T. 124 : 34 M. 211 and Srinivasa Moorthy v. Venkatavarada Iyen