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1961 (10) TMI 84 - SUPREME COURT

1961 (10) TMI 84 - SUPREME COURT - 1962 AIR 633, 1962 (1) Suppl. SCR 206 - Civil Appeals Nos. 62 and 77 of 1959 - Dated:- 26-10-1961 - GAJENDRAGADKAR, P.B., SINHA, BHUVNESHWAR P.(CJ) AND DAYAL, RAGHUBAR. M. C. Setalvad, Attorney, R. Ganapathy Iyer and G. Gopalakrishnan, C. R. Pattabhi Raman and G. Gopalakrishnan, for the Appellants. V. Viswanatha Sastri, M. K. Ramamurthi and S. T. Venkataraman, for the Respondents. JUDGMENT: The Judgment of the Court was delivered by GAJENDRAGADKAR, J.-These two .....

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nts 1 to 6 are the debtors. They were members of an undivided Hindu family known as Kalakkad Pannayar family in Tirunelveli District. The family was doing Commission agency business in petrol, kerosene and crude oil. It had secured agency rights from the Burmah-Shell Company. The members of the family became heavily indebted by about June, 1936, and as a result there was a pressure from their creditors. In order to meet the said pressure a deed of composition was executed (EX. B. 2) on July 8, 1 .....

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tition, No. 26 of 1936, in the Sub-Court at Tirunelveli on July 30, 1936. By this petition the creditor wanted defendants 1 to 6 to be r adjudged insolvent. During the pendency of these a proceedings, on August 26, 1936 defendants 1 to ff executed a deed of trust, (Ex.B.7); by this document they conveyed all their movable and immovable properties including (J the outstanding due to them to three trustees. These were defendant 7 Subbarayalu Reddiar, Veerabahu Pillai and Narayana Pillai. Tho trust .....

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e properties covered by the trust. They paid off the secured creditors, and in regard to unsecured creditors they arranged to pay 50% of their dues by selling the immovable properties either to the creditors themselves or to third parties directing them to discharge the secured debts, and the unsecured debts to the extent of 50% of their value. It is common ground that except their family house in which defendants 1 to 6 resided all other immovable properties belonging to them were conveyed unde .....

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t 14 the trustees conveyed to him schedule I mortgaged properties for ₹ 42,000 on May 22, 1937 (EX. B 94) Out of the said consideration the amount due under the mortgage as well as the amount due under the promissory note were satisfied leaving a balance of ₹ 3,030 in the hands of the purchaser. He was directed to utilise this balance for repaying 50% of the dues of purchaser and 3 who have brought the present suit. The sale deed in favour of defendant 14 was executed by only two out .....

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ts 8, 9 and 10 who are the undivided sons of defendant 7 (Ex. B. 8). This document executed on December 16, 1936, for ₹ 4,000. The purchasers in their turn sold the properties to defendant ]7 on May 30, 1947. Defendant 12 is the step-brother of the trustee Veerabahu Pillai and he purchased schedule V properties on November 7, 1941, for ₹ 2,000 (Ex. B-90). Defendant 13 who is the brother of defendant 12 purchased schedule II properties for ₹ 15,000 on August 29, 1937, (Ex. B. 37 .....

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ut into their possession. It is with the sale deeds executed in favour of defendant 14 and those executed in favour of defendant 12, 13 and 16 that we are concerned in a the present appeals. Defendants 12, 13 and 16 are the appellants in Civil Appeal No. 77 of 1959. In 1943 defendants 1 to 6 brought a suit, o. s. . No. 30 of 1943 in the Sub Court at Tirunelveli for the administration of the trust created by them, for account from the trustees and for recovery of the trust properties. To this sui .....

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20, 1944, a common judgment was delivered. The High Court confirmed the ending of the trial court that the trustee were liable to render account for the management of the trust, and it remanded the suit for a finding as to the market value of the lands covered by the respective sale deeds which had been challenged by defendants 1 to 6 The High Court thought that in determining the validity of the claim made by defendants 1 to 6 it was necessary to find out the proper value of the properties at .....

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rs in the discharge of their duties. After remand the Subordinate Judge took evidence, made his findings and submitted them to the High Court. It was at that stage that defendants 1 to 6 filed a petition for withdrawal of the litigation. This petition was allowed on December 12, 1947, with the result that the suit filed by defendants 1 to 6 O.S. No. 30 of 1943, was dismissed with costs throughout. Whilst the proceedings in the said three appeals were pending in the High Court and before defendan .....

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he allegation that the trustee have been guilty of wilful default. They also claim a declaration that the properties described in schedules I to VII-A and VIII are still impressed with the trust and they ask for an order for the administration of the trust by removing defendant 7 and appointing an administrator to realise the amount due from the trustees on such account and to recover possession of the properties mentioned in the said schedule, re-call them and distribute the sale proceeds ratea .....

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as bad for non-joinder of parties and was barred time. The respective by alienees pleaded that the transfers in their favour were valid and binding. Defendant 7 Defendant specifically urged that he was not guilty of any breach of trust; J and a plea was also raised that the creditors who . had filed the present suit had acquiesced in some of the dealings . Defendant 12 resisted the plaintiffs' case that he had intermeddled in the management of the trust estate and was therefore liable as a t .....

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continued to be impressed with the trust imposed upon them by the trustees. The decree directed the removal of defendant 7 and the appointment of the advocates instead as administration. It further directed defendants is, 13,14, 16 and 17 to deliver possession of the properties in their respective possession and asked the administrators to re-sell the said properties and distribute the proceeds amongst the creditors and to pay the surplus, if any, to defendants 1 to 6. Under the decree defendant .....

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0 and 17. Ill substance the High Court has confirmed the decree passed by the trial court and dismissed all the three appeals. The High Court has, however, modified the trial court s decree in regard to the interest which the decree had ordered to be paid to the alienees. The High Court took the view that in adjusting equities between the alienees, the alienations in whose favour were found to be invalid, and the trust, the contract rate of interest need not be awarded. Subject to the modificati .....

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would thus be seen that in the two appeals before this Court we are concerned with six transactional. B - 94 which is executed in favour of defendant 14, Ex. 13-90 which is executed in defendant 12, Exs. B. 37 and B. 79 which are executed in favour of defendant 13 and Exs. B-104 and R-105 which are executed in favour of defendant 16. Broadly stated both the Courts below have found that all these alienations were effected for inadequate consideration. It has also been found that Exs. B-94 and B-3 .....

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of res judicata and limitation raised by the defendants. There are some of the points of law which are common to both the appeals and it would be convenient to deal with them in a the order in which they have been raised before . The First point argued before US by the learned Attorney-General on behalf of the appellants in Civil Appeal No. 62 of 1959 (defendants 14 and 18 to 24) is one of limitation. He contends that on a fair and reasonable construction the present suit attracts the applicati .....

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eas if Art. 134 is applicable the suit is within time. The decision of this question would naturally depend upon the construction of the plaint. Is the claim made in the plaint one of declaration, or is it a claim for possession of immovable properties? The plaint sets out all the material facts which constitute the background to the present litigation, marks material allegations in respect of all the alienation impeached in the plaint, and by paragraph 35 it prays, inter aha, that schedules I t .....

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ateably amongst the unsecured creditors and perform such other acts and functions as may be necessary to 6 effectuate the trust in question. The learned Attorney General contends that cl. (c) asks for adjudication or declaration that the properties in question are impressed with the trust and that is no mere than a declaration, and according to him cl.(d) prays for the appointment of an administrator to realise the amounts and to recover possession of the properties and re-sell them. He suggests .....

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it; but in construing the plaint we must have regard to all the relevant allegations made in the plaint and must look at the substance of the matter and not its form. It is significant that the plaintiffs have valued the suit for the purpose of court fee and jurisdiction at ₹ 23,745 and this valuation includes several items ill respect of different properties valued under s, 7(5) of the Court Fees Act. The valuation made in respect of the different items of properties under s.7(5) is obvi .....

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of the transfer in favour of defendant 14 his sons defendant 18 to 24 have been joined specifically on the ground that since the plaintiffs claim possession of the said property the said defendants are necessary parties as it is found that they are in possession of the said properties. In other words, the joinder of defendants 18 to 24 to the present suit is based solely on the ground that a claim for possession is made in the plaint and defendants 18 to 24 being in possession are necessary par .....

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a mere claim for declaration is made. It is a plaint in which a declaration is no doubt claimed but based on the said declaration or adjudication a further claim for possession to the administrator is also made. The result, therefore, is that the argument that the prayer made in the plaint attracts Art. 120 must be rejected. The next continuation urged is that the plaintiffs cannot sue for possession but must Confine themselves only to a claim for declaration. It is not disputed by the learned A .....

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shippers of a temple to have the alienation of the trust property by some of the defendants, trustees. to the other defendants declared invalid and for possession to the trustees, the proper decree to be made if the Court be of the opinion that the alienation is invalid is to decree possession to those defendants who are trustee. It was further held that the trustees need not be referred to a separate suit for the purpose. In masjid Shahid Ganj v. Shiromani, gurdwara Parbandhak Committee, Amrits .....

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elivered into the possession of the Mutawali or of some other person for the purposes of the waqf ". The argument, however, is that in regard to private trustee which are governed by the Indian Trusts Act such a course is not open to the beneficiary because of the provisions of s.63 of the Trustee Act. Section 63 provides that where trust property comes into the hands of a third person inconsistently with the trust, the beneficiary may require him to admit formally, or may institute a suit .....

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Privy Council in Rani (Chhatra Kumari Devi v. Prince Mohan Bikram Shah (1931) I.L.R. 10 PAT. 851. In that case the respondent had claimed title to the properties as owner in various ways and had sued as the proprietor of the properties covered by the action. All these grounds were rejected and it was held that the respondent could claim no title as a proprietor at all. Even so, while dealing with the question of limitation the Privy Council made certain observations and it is those observations .....

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impressed with the continuing trust in favour of the respondent, and observed that even so their Lordships were unable to hold that "this would entitle him to sue for possession as owner". Sir George Lowndes, who delivered the judgment of the Board, referred to the fact that "the Indian law does not recognise legal and equitable estates. By that law, there can be but one owner, and where the property is vested in a trustee, the owner must, their Lordships think, the trustee, and .....

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he present case would not fall within s.10 of the Limitation Act as it would be impossible to hold that the properties which vested in the appellant under the terms of the wills which have been proved were so vested for the specific purpose of making them over to the respondent". It would thus be seen that these observations mean no more than this that the beneficiary under a private trust cannot claim to recover possession of the property from the trustee so as to attract the application o .....

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iary can bring a suit for possession against a trustee and whether such a suit can be governed by art. 144; and in holding that such a suit cannot be brought by the beneficiary the Privy Council pointed out that Art. 144 postulates a suit by the owner and a beneficiary is not an owner under the Indian Law of Trusts. We are, therefore, satisfied that the observations on which reliance is placed by the learned Attorney General cannot be said to amount to a decision that in no case can a beneficiar .....

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he present suit is prohibited by 8. 63. Prima facie s. 10 of the Limitation Act seems to contemplate an action by a beneficiary under a trust to which 8. 10 applies and provides that in such an action the beneficiary may follow the property and ask for a proper order &8 to the delivery of the said property to the Dew trustee. If that be so, the provisions of s. 10 would suggest that the remedies prescribed by 8. 63 are not exhaustive. Besides, it would be relevant to observe that if s. 63 is .....

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ral construction of s. 63 even that remedy may be outside its purview but assuming that a beneficiary can ask for a declaration that the property alienated is impressed in the trust and also add a prayer for the appointment of a new trustee that only means that after the new trustee is appointed he will have to sue the alienee for possession and very often this suit would be defeated by the alienee's plea of adverse possession. It is hardly necessary to emphasis that when the beneficiary sue .....

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he presence of the purchaser it was declared that the trust have been validly created and that the property was in fact a trust property. Their Lordships pointed out that "at the moment when the said decree was passed the possession of the property was adverse and the declaration that the property had been properly made subject to the trust disposition, and therefore ought not to have been seized, did not disturb or affect the quality of his possession ; it merely emphasised the fact that i .....

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he remedies available to the beneficiary. We must, therefore, reject the argument that the suit for possession in the form in which the prayer has been made by the plaintiffs is incompetent. That takes US to the question of res judicata. The argument is that on general grounds of res judicata the dismissal of the suit (O. S. No. 30 of 1943) filed by defendants 1 to 6 should preclude the trial of the present suit. It has been fairly conceded that in terms s. 11 of the Code cannot apply because th .....

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he only ground on which res judicata can be urged against such a suit can be the provisions of s. 11 and no other. In our opinion therefore, there is no substance in the ground that the present suit is barred by res judicata. The next question which falls to be considered is the most important question in these appeals. We have already seen that three trustees were appointed under the trust deed executed by defendants 1 to 6 and two of the impugned sale deeds have been executed by only two out o .....

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all must join in the execution of the trust, except where the instrument of trust otherwise provides. It is thus clear that all acts which the trustees intend to take for executing the trust must be taken by all of them acting together. Therefore, there can be no doubt that if the validity of the alienations effected by the trustees falls to be considered only in the light of s. 48 the fact that out of the three trustees only two have executed the sale deeds would by itself make the transactions .....

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ctions, all who accept the office are in the eyes of the law acting trustees. If anyone refuses or be incapable to join it is not competent for the others to proceed without him, but the administration of the trust must in that case devolve upon the Court. However, the act of one trustee done with the sanction and approval of a co-trustee any be regarded as the act of both. But such sanction or approval must be strictly proved Lewin on trusts, 15th ed., p. 190 If one of the trustees refuses to j .....

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by one or more then of course the matter world be governed by the special provision of the trust deed. The argument urged by the learned Attorney General is that cl. 23 of the trust deed in suit makes such a provision. Both the Courts below have rejected this plea but it is urged that the said conclusion is based on a misconstruction of the relevant clause. Clause 23 has been thus translated by the High Court: "In all the proceedings to be taken in connection with this estate, you three, e .....

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e all the three should act either unanimously or according to the decision of the majority". The learned Attorney- General has supplied us with the literal translation of the clause which reads thus: "In connection with this estate, in all proceedings to be taken you three unanimously or according to the decision of the majority shall act". We have carefully compared all the translations, and we feel no difficulty in holding that the translation supplied in the earlier litigation .....

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een the subject and the predicate indicate how the decision has been reached. Reading the clause as a whole it is difficult to accept the argument that this clause allows two of the three trustees to act without joining the third trustee in the actual action to be taken in the execution of the trust. It is not necessary under the clause that in the matter of executing the trust every decision must he unanimous. The clause recognises that in some matters decision may be by majority; but neverthel .....

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ve been added at all. This argument is wholly inconclusive. There are General other clauses in the trust deed which also bring out provisions corresponding to the relevant provisions of the Trusts Act and this argument may apply to the said clauses as well. The authors of the trust, while creating the trust, have made elaborate provisions in respect of the trust, while creating the trust, leave made elaborate provisions in respect of the several matters concerning the execution of the trust, and .....

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B-37 which are respectively executed in favour of defendant 14 and defendant 13 are invalid and can pass no title to the alienees on the ground that only two out of the three trustees have executed them [Vide: Lala Man Mohan Das v. Janki Prasad [1944] L. R. 72 T. A. 39]. In support of the validity of these transfers an alternative argument has been urged before US. It is pointed out that according to Lewin on Trusts, if the act to the two trustees has been done with the sanction and approval of .....

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own his approval to the transaction. This argument, however, cannot be accepted having regard to the concurrent finding recorded by the Courts. below on this point. Dealing with this question the trial court has referred to the discrepant versions given for Narayana Pillai not joining in the execution of the sale deed. He points out that no mention is. made in the sale deed as regards. the circumstances under which the third trustee did not join. Then he examines the evidence given by defendant .....

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ned to join the execution of the document. The trial court has observed that there was nothing to show that Narayana Pillai was financially involved at the relevant time, and he points. Out that in fact Narayana Pillai had gone to the sub-Registrar's. Office near about that time in connection with another transaction. That is how the trial court has rejected the argument that Narayana Pillai was a consenting party to the transaction in question. The High Court has concurred with this conclus .....

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g no other evidence by way of minutes of any meeting of the trustees had decided with the knowledge of Narayana Pillai, though he had dissented, we are unable to hold that there has been such a decision of the majority as would bind the dissenting trustee". It does appear the original draft of Ex. B-94 was made on the assumption that all the trustees would join in the execution of the document but the hope and anticipation formed by the two trustees was believed and so the document was ulti .....

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fail on this ground it is really not necessary to consider the further question as to whether both the said transfers were effected for grossly inadequate consideration. The next question which has been raised on behalf of defendant 14 is in regard to the amendment made by the High Court in its decretal order. It is urged that this amendment was made after the appeals to this court had been admitted and so it is without jurisdiction. It appears that the certificate was granted by the High Court .....

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ould have inevitably brought ill the period of three years beyond which accounts could not be claimed. By r J their application the plaintiffs alleged that the use of "mesne profits" in the decretal order was inconsistent with the judgment which had directed accounts of the net profits as so they claimed that the decretal order should be corrected in cl. III, sub-cl.(3). According to the prayer thus made it was suggested that the clause should read as follows "that the defendants .....

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High Court had introduced the words "mesne profits" deliberately and so the decretal order was perfectly correct. This contention has been negatived by the High Court, and in our opinion rightly. It appears that in the earlier portion if his judgment Krishnaswami Naidu, J., summarised ill one paragraph the effect of the decree passed by the trial court; and in giving this summary he observed that under the decree defendants 12, 13, 14 and 16 were held entitled to be paid the respectiv .....

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ause the decree of the trial court had in the relevant clause used the words "net profits" and not "mesne profits". Thus, there can be no doubt that the decretal order drawn in the High Court through error introduced the words "mesne profits" and such an error could be corrected by the High Court under ss. 151 and 152 of the Code even though the appeals may have been admitted in this Court before the date of correction. But apart from this technical argument about t .....

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ngfully received by the defendants and it prescribes there years' period of limitation commencing from the time when the profits were received. Normally there is no doubt that a successful plaintiff would be entitled to mesne profits for three years and not more; but in the present case we are dealing with a claim made by the plaintiffs on behalf of the trust and the decision in their favour has rendered it necessary to adjust equities between the trust and the respective alienees alienation .....

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m from the dates of their respective mortgages or sales the Courts in fairness have directed that the alienees in turn should give an account of the net profits of the properties which were wrongfully in their possession commencing with the date when 7 they got possession. If the technical argument based on Art. 109 is upheld as a matter of law there would be no scope for giving equitable relief to the alienees as all and they may be driven to file fresh actions to recover their claims and such .....

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itable adjustments between rival parties Vide: Satgur Prasad v. Har Narain Das 1932) L. R. 59 1. A.A. 147; Bhagwat Dayal Singh v. Debi Dayal Sahu (1908) L. R. 35 I. A. 48, 59. The principal and interest ordered to be paid to defendant 14 and the profits ordered to be paid by him are thus integral parts of on equitable adjustment between the plaintiffs and defendant 14. It is also urged on behalf of defendant 14 that the High Court was in error in modifying the decree passed by the trial Court by .....

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reliminary decree for foreclosure or sale under O. XXXIV, rr. 2, 4 of the Code, a mortgagee is entitled to interest at the rate and with the . rests stipulated in the mortgage, down to this date filed for redemption by the decree. This position 6 cannot be disputed; but the answer to the plea is that the present decree is not passed in an action instituted by defendant 14 as a mortgagee. The present decree is passed while adjusting equities between defendant 14 the alienation in whose favour is .....

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based on equity and justice, and so the High Court thought that the interests of justice would be met if he is paid out of the sale proceeds the principal amount of the mortgage with simple interest at 10 1/2%. We have carefully considered the contention' raised by the learned Attorney-General in this behalf but we do not think that we would be justified in interfering with the modification made by the High Court in the decree passed by the trial court. In the result Civil Appeal No. 62 of .....

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d that the properties covered by the document have been sold for inadequate consideration. It is conceded by Mr. Ganapathy Iyer that if we confirm the J finding recorded by the Courts below against defendant 12 on the first point that it self would invalidate the transfer in his favour. He has, however, argued that the said finding is erroneous. Having carefully considered the relevant material we see no reason to interfere with the finding in question. In this connection it would be enough if w .....

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. It is not the language of a person who is merely assisting the trustee. He is issuing directions to the clerk of the trust. Defendant 12 was a creditor of defendants 1 to 6. It is, however, common-ground that when sale deed (Ex. B.12) was executed in favour of defendant 13 on December 19, 1936, defendant 13 who is no other than the brother of defendant 12 had undertaken to satisfy defendant 12s debt and so as from that date defendant 12 had ceased to be a creditor of the estate. Even so, he wa .....

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the entire debt should thus be discharged. It, would be noticed that at this date defendant 12 was not a creditor of the estate and he had, therefore, no business to write to the Bank. This letter, like the earlier one which we have already seen, clearly indicates that defendant 12 had taken it upon himself to administer the trust. To the same effect is another letter written by him to the official Liquidator of the said Bank on January 9, 1939. In this letter defendant 12 says that "the tr .....

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s " I am also coming of 1939 to which defendants 12 and 13 were impleaded and in this suit defendants 12 and 13 entered into a compromise with the plaintiff Bank and obtained a compromise decree. It is unnecessary to refer to the terms of the compromise decree. What is material is the conduct of defendant 12 in entering into compromise with the Bank. Defendant 13 may have been justified in entering into the compromise but defendant 12 could have done to only as an intermeddler. This decree .....

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have failed till now to account for the same to my client". In other words, this notice shows that defendant 12 had promised to pay to the creditor ₹ 425 due to him from the estate and had failed to do so. The result was the suit by the creditor (Small Cause Suit No. 58 of 1940). This suit again was compromised by defendant 12. There is yet another document Ex-121 which shows how defendant 12 was intermeddling with the estate. This is a receipt passed by the clerk of the estate to on .....

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nt and passed a receipt in that behalf. Now, is. defendant 12 directed the clerk of the estate to receive a certain amount for and on behalf of the estate it clearly amounts to intermedding with the estate and it makes him trustee de son tort. Defendant 12 had given evidence in the earlier litigation in which he had stated that he, defendant 13 and Veerabahu Pillai were members of an undivided family. In the present proceedings defendant 12 has gone back upon his admission that he and his brothe .....

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overed by the said document appear to have been put in his possession as early as 1937. In other words, defendant 12 entered into possession of the properties nearly four years before the sale was executed in his favour. It is in the light of these facts that the Courts below have held that defendant 12 is a trustee de son tort. As is observed is Williams on Executors and Administrator(1) "a very slight act of intermeddling with the goods of the deceased will make a person executor de son t .....

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been executed by two out of the three trustees. That leaves Ex. B-79; but before we deal with that transaction it would be relevant to refer to a general consideration which applies to all the transfers in favour of defendants 12, 13 and 16. Defendants 12 and 13 are the step brothers of Veerabahu and defendant 16 is the son-in-law of defendant 13. It is quite clear that under s. 52 of the Trusts Act "no trustee whose duty it is to sell trust-property, and no agent employed by such trustee .....

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h ed., Vol. 1, p. 28, in the name of a trustee for him, directly or indirectly, as to a purchaser upon a contract or understanding (amounting to more than mere expectation) that the purchaser shall re-sell to the trustee, by private contract or public auction, from himself as the single trustee, or with the sanction of his co-trustees(1). Thus, the alienations by the trustees in favour of the near- relatives of one of the trustees would be bad for this reason. Besides, under s. 47 of the Indian .....

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of the authors of the trust. The documents in favour of defendants 13 and 16 seem to leave it to the respective purchasers to pay the debts and that map be another infirmity in the transaction. Going back to Ex.B-79 which is a transfer in favour of defendant 13 it is evident that this transaction is inevitably connected with another transaction Ex. B-25. Ex. B-79 has been executed for a consideration of ₹ 2,000 and odd and it relates to 3 acres and 14 cents of schedule VIII property. It a .....

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e on the basis of 50% of return of debt. Defendant sold to I. Lakshmi Ammal 64 cents out of the lands purchased by him under Ex. B-25. It, however, appears that in respect of the 3 acres and 14 cents which ,7 was the subject-matter of Ex. B-25. Original Suit No. 32 of 1941 was instituted by persons who claimed title to the said property. To that suit Lakshmi Ammal was impleaded as to defendant and so was defendant 13. Ultimately the said suit was decreed and the property in question was held to .....

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held that this latter transaction is obviously and patently invalid. In our opinion, this conclusion is right. It is true that Ex. B-25 is not directly challenged in the present suit because the properties covered by it have been sold to different purchasers by defendant 13 and they have not been impleaded. Even so, since Ex. B-25 is the very foundation of Ex. B-79 it is open to the plaintiffs to contend that the validity of Ex 26 should be considered for determining the validity of Ex. B-79, a .....

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e and thus satisfy them. The in substance is delegation of the functions of the trustees which they could not J delegate to defendant 13. The stamp paper for the sale deed Ex. B.25 stands in the name of Veerabahu Pillai and defendant 13 was unable to explain how the stamp paper came to be in that name. Defendant 13 admitted that he did not inspect the property before its purchase and that he had no idea about its value. As the trial court had observed, the transaction cannot be regarded was a bo .....

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ially destroys the basis of Ex. B-79 because defendant 13 not having paid anything to Lakshmi Ammal had no right to retain the property conveyed to him. The last transactions which have yet to be examined are those in favour of defendant 16. In regard to these transactions the trial court has found that evidence adduced by the plaintiffs shows that the consideration for which properties were sold were grossly inadequate. The vendee, defendant 16, did not care to examine himself. Besides, as we h .....

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