LAWS(MPH)-1956-10-5

KHANJURAM Vs. BHAGWATI

Decided On October 22, 1956
Khanjuram Appellant
V/S
BHAGWATI Respondents

JUDGEMENT

(1.) THE facts leading to this revision are that two persons, who were trustees of Balkishen, instituted a suit for the recovery of rent against the tenant. In the course of these proceedings, one of the trustees died, and, when the controversy arose as to a new trustee being nominated and then appointed as the legal representative of the deceased trustee, the trial Court held that the surviving trustee could continue the suit. Against this decision, the defendant has filed this revision.

(2.) THE decision of the Court below must be deemed to be one under Order 22 Rule 3 Civil Procedure Code. I think the order is correct because on the death of one of the trustees, the right to sue survives to the other trustee. I am fortified in this view by the decision of an English case (Lane vs. Debenham,, 11 Hare 188) in which it is said that trustees take the trust -estate as joint -tenant, and therefore, on the death or discharge of one, the estate, office and power survive to his co -trustees. Section 76 of the Indian Trust Act is also to the same effect and supports the above proposition. Section 76 reads thus: - -

(3.) THE revision is rejected.