Sabapathipillai Et Al. V. Vaithialingam

1938 Present: Maartensz and Hearne JJ.

SABAPATHIPILLAI et al. v. VAITHIALINGAM.

163-D. C. Jaffna, 8,708.

Trustee-Action brought-Expiration of office during the action-Right to continue action.
 
A trustee whose term of office has expired during the pendency of an action brought by him is not entitled to continue the action.

APPEAL from an order of the District Judge of Jaffna.

Hayley, K. C. (with him Kumarasingham), for second defendant, appellant.
 
N. E. Weerasooria (with him Chelvanayagam), for plaintiffs, respondents.

March 21, 1938. MAARTENSZ J. -

The plaintiffs as trustees of the Nochikadu Pillaiyar Temple (hereafter referred to as ?the temple") brought this action to eject the defendants from the temple and to obtain possession of the temple and all the movables and immovables belonging to the temple which were vested in the plaintiffs by an order made on August 2, 1933, in case No. 23,628 of the District Court of Jaffna.

Under the scheme of management approved of by the Court in case No. 23,628 the management of the temple was to be under the control of a Board of five Trustees, one of whom, the prese

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