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Karimshah Vs. Nattan Bivi and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies;Limitation
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad417
AppellantKarimshah
RespondentNattan Bivi and ors.
Cases ReferredBalwant Rao Bishwant Chandra Chor v. Purun Mal Chaube L.R.
Excerpt:
limitation act, section 10 - trustee--claim against rival trustee. - charles a. turner, kt., c.j.1. the only point calling for decision in this appeal is that of limitation.2. the second defendant obtained possession of trust property more than twelve years before suit. he does not dispute that the property is bound by a trust, on the contrary he admits he holds as a trustee and claims to have been properly constituted a trustee. the case then is governed by the decision of the judicial committee in balwant rao bishwant chandra chor v. purun mal chaube l.r. 10 indap 90 in which it was held that a claim to vindicate the personal right of a trustee to the possession of immoveable property against another person claiming that right in the same character is not governed by section 10 of the limitation act.3. the appeal fails and is dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J.

1. The only point calling for decision in this appeal is that of limitation.

2. The second defendant obtained possession of trust property more than twelve years before suit. He does not dispute that the property is bound by a trust, on the contrary he admits he holds as a trustee and claims to have been properly constituted a trustee. The case then is governed by the decision of the Judicial Committee in Balwant Rao Bishwant Chandra Chor v. Purun Mal Chaube L.R. 10 IndAp 90 in which it was held that a claim to vindicate the personal right of a trustee to the possession of immoveable property against another person claiming that right in the same character is not governed by Section 10 of the Limitation Act.

3. The appeal fails and is dismissed with costs.


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