ARAKKAL MUTTUKALEL UMMATHI UMMATHI Vs. ERAMBATHIL KUNHAMAD

JUDGEMENT

(1.) MOIDUNNI and Pathamma were admittedly trustees. MOIDUNNI died in 1885 and the 1st defendant took possession of the plaint lands after his death and has continued in possession ever since. The Judge finds that the 1 defendant was a "self-constituted" trustee and came into the possession of the property as such on the death of her brother MOIDUNNI. The 1st defendant's case, which the Judge apparently accepts, is that till Pathamma's death they acted jointly as trustees. As the 1 defendant has been in possession of the office of trustee from 1886, she has now become a trustee and is entitled to continue in possession of lands. Pathamma's interest has passed under the settlement Exhibit B to the plaintiff and defendants Nos. 3 and 4. They can only claim to be joint trustees with the 1st. defendant and their claim for exclusive possession must fail. We are unable in this cape to allow the plaintiff to convert the suit into one for joint possession as the plaintiff and the 4 defendant are in possession of other trust properties which are not the subject of suit.

(2.) WE, therefore, set aside the decree of the District Judge and restore that of the Munsif with costs in this and in the lower appellate Court.