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Subramania Iyer Vs. Doraisami Tevar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1903)13MLJ22
AppellantSubramania Iyer
RespondentDoraisami Tevar and ors.
Excerpt:
- - 1. this suit clearly falls under article 18 of the second schedule to act ix of 1887 being a suit relating to a trust......if the plaintiff, therefore, has any cause of action, it is to enforce the carrying out of one of the directions in the instrument of trust, i.e., to enforce the performance of the trust in so far as it relates to the plaintiff. in this view the plaint should have been returned to be presented to the proper court, and it is accordingly now ordered to be returned. the revision petition is otherwise dismissed but without costs.
Judgment:

1. This suit clearly falls under Article 18 of the second schedule to Act IX of 1887 being a suit relating to a trust. The plaintiff was appointed by the author of the trust and not by the trustees as editior, and relying upon that appointment he claims that the defendants as trustees should carry out the direction in the instrument of trust and pay him his salary as therein provided until his resignation. If the plaintiff, therefore, has any cause of action, it is to enforce the carrying out of one of the directions in the instrument of trust, i.e., to enforce the performance of the trust in so far as it relates to the plaintiff. In this view the plaint should have been returned to be presented to the proper court, and it is accordingly now ordered to be returned. The revision petition is otherwise dismissed but without costs.


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