Dullewa V. Somawathie Upasika

1944 Present: Howard C.J. and Wijeyewardene J.

DULLEWA et al., Appellants, and SOMAWATHIE UPASIKA
et al., Respondents.

1-D. C. (Inty.), Kandy, 582.

Action under section 101 of the Trusts Ordinance-Alleged breach of charitable trust-Denial of trust by defendants-Right of plaintiffs to institute action.

An action may be instituted under section 101 of the Trusts Ordinance even where the defendants deny the existence of the alleged trust.

Where plaintiffs bring an action under that section for an alleged breach of a charitable trust they must allege and prove-(1) the existence of a charitable trust, (2) the breach of such trust by the defendants.

Where the cause of action is the necessity for the direction of Court for the administration of a trust the plaintiffs must allege and prove -(1) the existence of a charitable trust, (2) the necessity for the direction of Court.

APPEAL from an order of the District Judge of Kandy. The facts appear from the argument.

M. T. de S. Amerasekere, K.C. (with him E. B. Wikremanayake), for the plaintiffs, appellants.-This is an action instituted under section 101 of the Trusts Ordinance (Cap. 7

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