Karthigasu Ambalawanar V. Subramaniar Kathiravelu

Present: Bertram C.J. and Jayewardene A.J.

KARTHIGASU AMBALAWANAR et al. v. SUBRAMANIAR KATHIRAVELU et al.

30-D. C. Jaffna, 16,481.

    Hindu religious trust-Right of de facto trustee to obtain possession of temporalities-Personality of religious foundations-Disputes between persons vested with legal title to endowments-Vesting order-Trusts Ordinance, ss. 101,102, and 112.

The de facto trustee of a Hindu temple is not entitled as such to obtain possession, of its temporalities.
Our law does not recognize the personality of religious foundations.

When a person transfers property to a temple, the effect of his doing so is to constitute himself a trustee for the purpose of religious worship to be carried on at the temple The document of dedication amounts to a declaration of trust and the dominium vests with the dedicator and passes on his death to his heirs subject to the trust.

The provision in section 101 of the Trusts Ordinance which reserves the right of a trustee to apply to the Court for directions regulating the administration of the trust or succession to the trusteeship applies to religious trusts as

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