Fernando Et Al. V. Fernando Et Al.,

1916. Present: Shaw J. and De Sampayo J.

FERNANDO et al. v. FERNANDO et al.

113-D, C. Kalutara, 6,141.

Buddhist Temporalities Ordinance, s. 17-Action by trustee before giving security as trustee-Non-joinder of all trustees.

Plaintiffs, who were two out of three trustees of a temple, sued the defendants for damages, for wrongfully drawing toddy from trees belonging to the temple. At the date of the institution of the action plaintiffs had not given security as trustees.

Held, that they had status to bring the action.

It in not conditional to the appointment of a trustee that he should give security although, probably, a trustee who fails to give security, when such has been determined on by the Committee, may be removed from office under the provision of the Ordinance.

THE facts are set out in the judgment of Shaw J.

M, W. H. de Silva, for plaintiffs, appellants.-The plaintiffs were duly appointed trustees at the time they brought the action. Security is in the discretion of the District Committee, and not necessary for the validity of the appointment. If we were to read section 17 in the sense of security being imp

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