JUDGMENT

Abdoolcader J (delivering the judgment of the Court):

The East India Company on behalf of Queen Victoria by a Grant No. 2655 made on 30 May 1845 gave and granted the land specified therein on trust to two Burmese and two Siamese (now Thai, for accuracy of terminology, and we shall so refer) named inhabitants of Penang Island elected and appointed by the Burmese and Thai Community of the Island as trustees for the management of the affairs of their temple (the Thai-Burmese Buddhist Temple at 17 Burmah Lane, Penang) erected thereon to have and to hold the same unto them as such trustees and their successor or successors in the trust without any right or power of disposal of the land so alienated or any part thereof to and in any of them or their successors in the trust to be elected and appointed by the Burmese and Thai Community or any other person or persons whomsoever but which shall remain and continue for the benefit of the Burmese and Thai Community of the Island and its dependencies forever. Succinctly stated, this is the gist of the trust instrument around which the issue in these proceedings as to the appointment of a new trustee revolves. Prior to the institution o