Sathasivam V. Vytianathan Chetty

Present  : De Sampayo A.C.J. and Schneider J

 SATHASIVAM v. VYTIANATHAN CHETTY.

 451-D.C. Colombo, 2,002.

Charitable trust-Hindu temple-Action to remove trustees-Who are persons interested ?-Is proof of specific acts of misconduct necessary ?-Duly appointed trustees appointing other persons, agents and attorneys to manage temple-Abandonment of trust.

In an action for the removal of trustees (in respect of a charitable trust), it is not necessary to prove specific acts of misconduct on the part of the trustees ; it would be sufficient if they are shown to have neglected their duties as trustees, and the Court is satisfied that they are persons who, under the circumstances, are unfit to continue to act in that capacity.

Where trustees appointed by Court appointed by deed other persons as the attorneys and agents to manage and transact all matters relating to or concerning the execution of a charitable trust, &c, the Court held that it amounted to an abandonment of the trust.

THE facts are set out in the judgment.

Elliott, K. C. (with him Hayley and Nadarajah), for appellant.

H. J. C. Pereira, K. C. (with him Keuneman and Raj

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