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Documents citing Muhammad Esuf Sahib And Anr. vs Moulvi Abdul Sathar Sahib And Anr. on 8 October, 1918

Subramania Aiyar Alias Gurumurthi ... vs Onnappa Goundan And Ors. on 12 February, 1920

Mr. Krishnaswami Aiyar next argued on the strength of Muhammad Esuff Sahib v. Moulvi Abdul Sathur Sahib (1918) I.L.R. 42 Mad. 161 : 36 M.L.J. 262. F. B that an Inamdar who is a trustee cannot get rid of his position as such trustee by neglecting the trust and thus making the Government resume the inam and grant the lands under the ryotwari tenure to the trustee himself. Of course I am bound to follow this Full Bench decision but I fail to see the full applicability of that decision to the facts of this case.
Madras High Court Cites 13 - Cited by 8 - Full Document

Karunalaya Valangupuli Pandian Alias ... vs Rev. Father Pignot, Father Superior Of ... on 24 July, 1942

7. As regards the next question, it is true that when the alienor does not profess to convey trust property as manager but does so in his professed capacity as an absolute owner, the question whether time would begin to run from the date of the alienation or only from the death of the alienor is a substantial question of law. But as the respondent's counsel urges, the decision of this Court is also based on the finding that the resumption by the Government on the ground that the bulk of the endowment was diverted to purposes not covered by the original grant, and a fresh grant to the respondent who was not the trustee put an end to the character of the suit property as trust property and that this decision does not involve a substantial question of law being a well-established proposition of law. On this question the decisions are uniform in holding that where some properties were granted for the performance of certain services and the properties are alienated or diveried to purposes not covered by the original grant, the Government can resume the lands and grant them to any one and that the resumption puts an end to the character of the trust. Reliance was placed by the petitioner's advocate on the decision of this Court in Mohamed Esuf Sahib v. Moulvi Abdul Sathur Sahib (1918) 36 M.L.J. 262: I.L.R. 42 Mad. 161. But that was a case where the original trustee himself happened to be the grantee and Section 88 of the Trusts Act was invoked and it was held that the trustee cannot take advantage of his own wrong and that the trust fastens itself to the property in his hands. The same decision recognises that where the grantee is not the trustee the position would be different. On page 178 of the report we find:
Madras High Court Cites 3 - Cited by 3 - Full Document
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