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Issues:
1. Interpretation of a partition karar and whether it created a trust. 2. Application of Section 10 of the Limitation Act. 3. Determination of trust property and the obligation annexed to the ownership of property. 4. Consideration of whether a charge was created in the partition karar. 5. Examination of whether the suit was for the enforcement of a trust. Detailed Analysis: 1. The case involved the interpretation of a partition karar dated 18th March 1911, which divided property among the parties. The main issue was whether this partition created a trust, specifically in relation to the sums payable by defendant 1, including a claim of &8377; 250 to the widow of a deceased brother. Both lower courts had allowed the claim, and the question was whether Section 10 of the Limitation Act applied. 2. The key factor in determining whether a trust was created hinged on whether the partition karar established an obligation annexed to the ownership of property. The document stated that defendant 1 agreed to pay specified sums and received property of superior value in return. It also mentioned that defendant 1 and his allotted properties would be liable for the amounts and any loss arising from non-payment. 3. The argument against the existence of a trust centered on the absence of specific trust property. Reference was made to the characteristics of trust property as discussed in previous cases. However, it was emphasized that the definition of a trust under the Indian Trusts Act includes an obligation arising out of a confidence reposed in the owner, even if the owner also has a beneficial interest in the property. 4. The court considered whether a charge was created in the partition karar, noting that the property assigned to defendant 1 was not exclusively appropriated for the trust's purpose. It was highlighted that the obligation to pay the sums was linked to the ownership of property, indicating the creation of a charge. The court concluded that the owner acted as a trustee, and the party entitled to payment was a cestui que trust. 5. Lastly, the court addressed the objection that the suit did not seek to follow the trust property but rather aimed for a decree for payment of the money. However, it was argued that the suit, in essence, was for the enforcement of the trust, and the court could have declared and enforced a charge on the property based on the facts found. The court dismissed the second appeal, emphasizing that the suit was essentially for the enforcement of a trust and should not fail based on mere pleading issues.
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