Arunasalam Chetty V. Somasundram Chetty

[PRIVY COUNCIL.]

Present: Viscount Haldane, Lord Buckmaster,
and Lord Atkinson.

ARUNASALAM CHETTY v. SOMASUNDRAM CHETTY.

D. C. Jaffna, 7,668.

Conveyance to a Chetty with a firm name annexed-Conveyance at agent of the firm-The trust created thereby is not constructive trust, but express trust-Prescription.

Where s property was conveyed to a Chetty with the firm name R. M. A. R. A. B., it was held that the property was transferred to him as agent of the firm, and not in his private capacity. As \the Chetty to whom the property was so conveyed was express trustee and not constructive trustee, it was not open to him to plead prescription as against the other members of the firm.

"An express trust can only arise between the cestui que trust and his trustee. A constructive trust is one which arises when a stranger to a trust already constituted is held by the Court to be bound in good faith and in conscience by the trust in consequence of his conduct and behaviour. "

THE facts appear from the judgment of the Supreme Court reported in 20 N. L. R. 321.

March 3, 1920. Delivered by LORD BUCKMASTER:-

The appellant and the

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