Present: Schneider and Dalton JJ.

KALIMUTTU et al. v. MUTTUSAMY.

 402-D.C.Chilaw, 7,306.

    Trusts Ordinance-Powers of Court to vary or modify trusts-Failure to prove a breach of trust-Public purposes-Ordinance No. 9 of 1917, s. 100.

The powers vested in the Court under section 100 of the Trusts Ordinance to modify or vary charitable trusts can only be exercised in order to carry into effect the intentions of the founders of such trusts so far as such intentions are not inconsistent with any existing law.

It is not the duty of a Court to direct charitable property to be employed in such manner as it thinks will be most beneficial for public purposes.

The principle laid down in Attorney-General v. Boucherett1[1 25 Beaten 116.] followed.

THIS was an action brought by eight persons as plaintiffs against the defendant who is the incumbent of the Munnessaram temple. They purported to bring the action under the provisions of section 102 of the Trusts Ordinance 1917, and prayed amongst other things for an order directing defendant to account for all moneys received from 1912 to the date of the action, and for the settlement of a scheme