Murugesoe Et Al., V. Chelliah Et Al.,

1954 Present : Gunasekara, J., and H. N. G. Fernando, A.J.

S. MURUGESOE et al, Appellants, and V. CHELLIAH et al., Respondents

S. C. 534-D. C. Point Pedro, 3,035

Charitable trust-Construction of deed--Purchase of property for a Hindu temple- Legal position of the purchaser-Co-trustees-Survival of trust on death of a co-trustee-Trusts Ordinance (Cap. 72), ss. 5, 6, 78, 84, 107.

Where a transfer of immovable property contained a recital that the consideration was paid by the transferee " for " a specified Hindu temple-

Held, that the transferee must be taken to have purchased the property with funds provided by, or held by him for, the religious charity represented by the temple. The transferee, therefore, held the property as trustee, and, on his death, the land devolved on his heirs subject to the same trust.

Held further, that section 78 of the Trusts Ordinance is applicable to charitable trusts. On the death, therefore, of a co-trustee, the trust property passes to the other co-trustees and not to the heirs of the deceased trustee.

FERNANDO, A. J.-The words " for the Temple " were not merely precatory but were suffici

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