(II OF 1882)
Sections — 4 to 6
Trust — A trust may be created by a will if other requirements are satisfied — A person Competent to contract may create a trust by a will — The grantor need not use the word ‘trust’ to create a valid trust — The absence of the word ‘trust’ in the will does not vitiate the trust if the intention can be gathered and the requirements of a trust are established.
Narendra hit Chowdhury and others Vs. Bimal Kanti Chowdhuiy and others, 3BLD (HCD)40
Ref: A.1.R. 1942(Patna)435; A.I.R.1926 Madras 284; A.1.R1944(PC)78: A.I.R.l922 (Madras)83— Cited.
Section — 82
Benamder — His locus standi to maintain a suit for possession — A benamder is a trustee for the beneficial owner and he represents the real and beneficial owner and as the legal title is in him he can maintain in his own name a suit for possession — A proceeding by or against the benamder is fully binding on the beneficial owner.
Kutabuddin Ahmed Vs. Hasna Banu and another. 7BLD (AD) 18
Ref:, 70 C.L.J. 218; 23 C.W.N. 521 (PC): 46 l.A. 1— Cited.
Section — 88
Possession by agent
— Title in the suit land passed to the plaintiff-respondent by absolute sale whereupon the vendor appellant No. 2 possessed it as an agent of the respondent. Respondent, therefore, is in possession of the land leaving no scope for the agent to possess the land adversely against the principal. It is true that the agency terminated in 1972 but the agent continued in possession. His possession is in fact possession as a trustee of the owner, principal, in respect of property against whom he did not put up any claim of title until a few months before the filing of the suit. As an agent and trustee of the principal he was under an obligation to vacate the possession.
Mrs Feroza Majid and another Vs. jiban Bima Corporation represented by its Managing, Director, 7 BLD (AD) 124
Ref: AIR. l944(Mad) 221; A.1.R. 1941 (Mad) 822; A.l.R. 1958 (Cal) 179; A.I.R. 1962 (Pun)379; — Cited.
Co-sharer—Ejmali property—One cosharer purchasing the property in an auction sale in benami — The purchase enures to the benefit of other co-sharers if he is guilty of corrupt pratice in the transaction in question.
Shealik Debi Vs. Pearani Debi and others, 1BLD (HCD) 256
Ref: A.I.R.1954 Orissa23; A.I.R.l943 Nag302; A.I.R. I 939(PC)86; A.I.R. 191 6(PC) 227; 16 Cal 194; A.I.R. l919(Cal)43l; A.1.R. 1932 (Cal) 434; A.I.R. 1923(Cal)236; 46 l.A. 1; PLD 1959 (Kar)362 — Cited.