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He, thereafter, refers to Section 11 particularly Sub-Section (2) of the Specific Relief Act, 1963 and submits that, the plaintiff is not entitled to the relief as prayed for. He submits that, the agreement for sale being Exhibit 'A' was entered into in breach of the deed of settlement being Exhibit 'D'. He contends that not only was Exhibit 'A' entered into in breach of Exhibit 'D' but also Exhibit 'A' was entered by the original defendant No. 1 in excess of his power as a trustee. He refers to various clauses of the deed of settlement being Exhibit 'D' and submits that the two trustees were required to act jointly when selling the immovable property concerned. He points out that Exhibit 'A' was entered into by the original defendant No. 1 who was one of the trustees under the deed of settlement being Exhibit 'D' and, therefore, she had acted in excess of her power. He relies upon Section 13 of the Specific Relief Act, 1963 and submits that, the plaintiff is not entitled to specific performance of Exhibit 'A'.

Under sub-section (2) of Section 11 of the Specific Relief Act, 1963, a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. In the instant case, the original defendant No. 1 was one of the trustees. When the agreement for sale being Exhibit 'A' dated August 13, 1988 was entered into the two trustees appointed by the deed of trust dated November 26, 1983 being Exhibit 'D' were alive. The two trustees are the original defendant No. 1 and original defendant No. 2. The agreement for sale dated August 13, 1988 being Exhibit 'A' was entered into by the original defendant No. 1 only.

In my view, the words "trustees or trustee for the time being"

used in the deed of trust being Exhibit 'D' means the number of trustees at the point of time when the power or the authority granted by the deed of trust is sought to be exercised. Exhibit 'D' does not specifically permit any trustee to act singularly when there are more than one trustee in any other place therein. In such circumstances I read the relevant clause in Exhibit 'D' to mean that, the trustees or trustee at a material point of time seeking to exercise any power or authority granted by Exhibit 'D' must act jointly if there are more than one and obviously singularly if there is only one trustee at such point of time. In the instant case, as noted above, there were two trustees appointed by Exhibit 'D'. In such circumstances, I find that the original defendant No. 1 entered into Exhibit 'A' both in breach of the terms and conditions of Exhibit 'D' as well as in excess of the power granted to her by Exhibit 'D'. On such a finding arrived at, I am afraid, the parties are guided by Section 11 of the Specific Relief Act, 1963 and the agreement for sale being Exhibit 'A' cannot be specifically enforced.