1933 Present: Drieberg J. and de Silva A.J.

HAYLEY et al. v. NUGAWELA.

160-D. C. (Inty.) Kandy, 40,294

Trustee-Action on contract entered into as trustee-Personal libability- Decree entered against defendant as trustee-Right of defendant to compel judgment-creditor to levy execution against trust property-Trustee under Buddhist Temporalities Ordinance not a corporation.

Where a trustee contracts as trustee and judgment is entered against him as such, he is not entitled to compel the judgment-creditor, who seeks to execute the judgment against him personally, to levy execution instead on the trust property.

The mere use of the words " as trustee " in a contract is not sufficient to execute personal liability.

A trustee appointed under the Buddhist Temporalities Ordinance is not a corporation.

THIS was an action to recover the value of cement delivered to the defendent on a contract entered into by him as the Diyawadana Nilame and Trustee of the Dalada Maligawa. The action was not defended and judgment was entered against the defendant on March 3,

1931. In the caption of the plaint the defendant was described as the Diyawadana N