plaintiff claimed we not trust property as the trust at the most was a private trust and revocable, the learned Judge finds that
Indian Trust Act is reproduced hereunder for
ready reference:
" Section 77 . Trust how extinguished.- A trust is extinguished-
(a) when its purpose is completely ... purpose becomes impossible by destruction
of the trust property or otherwise; or
(d) when the trust, being revocable, is expressly revoked."
(emphasis added
respect of private rights and benefactions. No doubt when the power is given to be exercised in favour of private persons, the exercise ... interests of the trust. The very reason of the thing would require that there should be power of revocation till the moment the appointment
contention of the plaintiffs is that a Public Charitable Trust created under a Deed of Trust and which is administered under a scheme framed ... purpose becomes impossible by destruction of the Trust property or otherwise or (iv) when the Trust, being revocable, is expressly revoked.
52. However, the Savings
might be a family idol, the property would be impressed with a trust in favour of it. Where the temple is a public temple ... endowment is a religious or charitable trust, there is no reason why the other incidents of a private trust as obtain under the English
never carried out any of the terms of the trust contained in Exhibit I. The argument is that Exhibit I was simply a paper transaction ... created settlement. Under the Indian Trusts Act (II of 1882), which no doubt applies in terras only to private trusts, it is not open
Trusts Act , do not apply on
Public Trusts. Like the private trusts, public trusts may be created under
vivos or by will. The Indian Trusts ... transferred to the trust, it cannot be revoked, If the
trust deed contains any provision for revocation of the trust, provisions of
sections
nature of trust as created in the Will was purely of private nature and it was only a private trust and the plaintiffs cannot claim ... involved in the said trust, it would not become a public trust, but it would be remaining as the private trust. He would also submit
Government for sale of land belonging to charitable
endowment by private negotiation instead of public action. It
is further held that the Court must ... Code would render it difficult for the beneficiaries of a public
trust to obtain urgent interim orders from the Court even
though the circumstances might
M/S.Muhurtaam Event Management Pvt. ... vs Dr.T.K.S.Villalan on 18 December