Doraiswami Kurukkal V. Thambipillai Et Al

1949 Present: Dias J. and Windham J.

DORAISWAMI KURUKKAL, Appellant, and THAMBIPILLAI et at,
Respondents

S. C. 28 Inty. and 139-D. C. Jaffna, 16,608 M.

Hindu temple-Charitable trust-No deed creating the trust-Founder and heirs unknown-Appointment of trustee in such circumstances-Trusts Ordinance (Cap. 72), ss. 99 (c), 107.

The 1st substituted defendant and his ancestors for nearly one hundred years were officiating as the de facto managers and trustees of a Hindu temple which was proved to be a charitable trust within the meaning of section 99 (c) of the Trusts Ordinance. There was, however, no deed creating this charitable trust and the founder and his heirs were unknown and could not be traced.

Held, that, in the circumstances, section 107 of the Trusts Ordinance was applicable and the 1st substituted defendant should be held and declared to be the de jure trustee of the temple.

APPEAL from a judgment of the District Court, Jaffna.

S. J. V. Chelvanayakam, K.C., with A. Vythialingam, for the 1st substituted defendant appellant.

H. W. Tambiah, with S. R. Canaganayagam and C. Shanmuganayagam, for the plaintiffs re

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