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7. After giving my thoughtful consideration to the submission raised by the two sides and also to the law laid down by the Full Bench in the aforesaid Atmaram's case (supra) it seems that the lower appellate Court has given findings on mere presumptions and surmises and also to some extent due to failure of the trust to clarify as to who were the trustees on the date the notice of demand and eviction was given and also on the date when the suit was filed.

8. The Full Bench pronouncement of this Court in Atmaram's case (supra) essentially laid down that in case of a public charitable trust or private trust a trustee cannot delegate any of his duties, functions and powers to the cotrustee or to any other person unless the instrument of trust so provides or the delegation is necessary or the beneficiaries competent to contract consent to the delegation or the delegation is in regular course of business. These are the only four exceptional cases in which delegation is permissible. The Full Bench further proceeded to hold that even by unanimous resolution authorizing one of themselves to act as managing trustee for executing the duties, functions and powers relating to the trust every one of them must join in the execution of such duties, functions and powers. According to the Full Bench granting of lease is a matter which cannot be delegated by a trustee to any other trustee in the regular course of business. These are the only four exceptional cases according to the Full Bench decision in which delegation is permissible. The Full Bench further proceeded to hold that even by unanimous resolution authorising one trustee to act as managing trustee for executing the duties, functions and powers relating to the trust every one must join to the execution of such duty, functions and powers. According to the Full Bench granting of lease is a mater which cannot be delegated by a trustee to another trustee. Likewise, termination of lease is also such matter which cannot he delegated by trustees to one of such trustee. It is thus clear that one co-trustee cannot give notice to quit, determining the tenancy. A decision to terminate the tenancy must be taken by all the trustees. The formal act of giving notice to quit pursuant to the decision taken by all the co-trustees may be performed by one co-trustee on behalf of the rest. In such a case the notice would be a notice given with the sanction and approval of all the co-trustees and would be clearly a notice given by all the co-trustees.