Kandappa Chettiar V. Janakiammah

1960 Present : Sansoni, J., and Sinnetamby, J.

V. C. KANDAPPA CHETTIAR et al., Appellants, and N. JANAKIAMMAH
et al., Respondents

S. C. 109-D. C Jaffna TR 8

Charitable trust--Propmty dedicated for its use-- Vesting of title to the property-Trust 80 Ordinance, 88. 75, 76, 77,112,113.

The owner of certain immovable property created a charitable trust (a madam) and dedicated that property for the p'U'pose of the trust. She nominated as. trustees to manage the trust property herself and, after her lifetime, one P who. was the trustee of a Hindu temple (and after his lifetime his successors in office as trustees of the temple).

Held, that in the absence of a notarial transfer in favour of P, the legal title. to the immovable property remained in the author of the trust, and on her death passed to her heirs, subject to the obligations of the trust, the heirs then becoming constructive trustees.

Held further, that where a plaintiff claims to be entitled as trustee to a land and seeks to eject a trespasser, he will not be entitled to rely on a vesting order made in terms of section 112 of the Trusts Ordinance unless he has obtain

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