9911796707
TMI Blog1926 (11) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... some, others, and the share in the immovable property which defendant 1 would otherwise have received was augmented in consideration of an obligation imposed upon him to pay certain sums aggregating to ₹ 500 including a sum of ₹ 250 to the widow of a deceased brother and to her daughter, the latter of whom (the mother having died) is the plaintiff and a respondent in the second appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the characteristics of the trust property has been discussed in the Secretary of State v. Prasad Bapuh A. I. R. 1923 Mad. 667 the case of the Tanjore land-holder; and the appellant relies upon the test applied there, that the fund, to be a trust fund, must have been specially set apart and earmarked for the service of the trust. 4. That is no doubt true. If the Bast India Company had merely given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m for the benefit of another or of another and the owner. 5. This definition clearly provides for a case where the owner is also beneficially interested. It was held in Imbichi v. Aunkoza Haji [1917] 33 M. L. J. 58 that where upon a partition, the property of a party thereto was to be liable upon his failure to pay certain debts assigned to him a charge was created, and it appears to me that equa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also a prayer for such other reliefs as the plaintiffs may seek and the Court may deem fit to allow. The Court, I think, might, on the facts found, have declared and enforced a charge upon the property. However that may be, the suit was in substance one for the enforcement of the trust and should not be allowed to fail upon a mere pleading.
8. I dismiss the second appeal with costs. X X X X Extracts X X X X X X X X Extracts X X X X
|
