Muttiahpillai V. Sanmugam Chetty

Present: Hutchinson C.J. and Wood Renton J.   Oct.19,1910

MUTTIAHPILLAI v. SANMUGAM CHETTY et al.

180, D. C, Jaffna, 6,619.

" Madam "-Action by trustee under section 247 claiming lands belonging to "madam"-Sanction of Attorney-General not necessary-Ordinance No. 7 of 1871 applies to public trusts as well-Civil Procedure Code, s. 639.

Action can be taken under section 639 of the Civil Procedure Code only when a trustee has committed a breach of trust, or when the direction of the Court is deemed necessary for the administration of the trust.

Ordinance No. 7 of 1871 does not apply to private trusts only, but to public trusts as well.

A person appointed by Court, under section 4 of Ordinance No. 7 of 1871. trustee of a " madam " may bring an action under section 247, Civil Procedure Code, with respect to a property which he claims as belonging to the " madam," without the sanction of the Attorney-General.

THE facts are fully set out in the judgments.

Walter Pereira, K.C., Acting Attorney-General (with him Bala-singham), for the plaintiff, appellant.

H. A. Jayewardene (with him Wadsworth), for the defendants, respondents.

Cur. adv

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