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Showing contexts for: pariah in Muthuvaiyan vs Sinna Samavaiyan And Ors. on 3 August, 1905Matching Fragments
9. Our attention was drawn to the second paragraph of Section 82 of the Indian Trusts Act, which, however, does not appear to me to touch the present case. No doubt, that provision excludes to some extent the application of the doctrine of trust to benami purchases under judicial sales governed by Section 317 of the Code of Civil Procedure or under revenue sales governed by Act XI of 1859, Section 36, which proceeds on the same lines and lays down :--" Any suit brought to oust the certified purchaser as aforesaid on the ground that the purchase was made on behalf of another person not the certified purchaser or on behalf partly of himself and partly of another person, though by agreement the name of the certified purchaser was used, shall be dismissed with costs." If it were necessary to decide how far in these descriptions of cases the doctrine of trusts in excluded, the drift of the remarks of the Judicial Committee in the decision above cited, with reference to the various classes of cases that could rise under provisions such as the concluding part of Section 260 of the Civil Procedure Code of 1859, would have to be steadily kept in view. But Sections 88, Clause 5, and 39 of the Revenue Recovery Act find no place in the said second paragraph of Section 82 of the Trusts Act. Why the reference there is confined to the two sections mentioned and provisions such as are contained in Section 184 of the N.W.P. Land Revenue Act (XXX of 1873) referred to in The Delhi and London Bank, Ld. v. Chaudhri Pariah Bhaskar I.L.R. 21 A. 40 were left out, it is useless to speculate upon. Suffice it to say that, be the cause for the said paragraph standing as it does what it may, it is not competent to us to extend the restriction therein laid down to Sections 38, Clause 5, and 39 of oar Eevenue Recovery Act, which, as more than once stated, make no reference to benami transactions, since, to borrow the language of the Judicial Committee at page 528 of the report of the case I have been quoting from, " where the legislature has stopped the Courts must stop."