SAMARAM SINGARACHARIAR Vs. KRISHNA SWAMI IYENGAR

JUDGEMENT

(1.) Though the decision of the majority of the trustees of a public trust binds the minority in matters connected with the management of the trust property, it does not bind them in regard to matters which are ultra vires and beyond the proper sphere of the trust, as the acts complained of in this suit are alleged to be (Lewin on Trusts 10 Edition, p. 279, and the cases there quoted).

(2.) We concur in the judgment of Subrahmanya Aiyar J., vide also the judgment of this Court in S.A. No. 690 of 1901.

(3.) We reverse the decree of Davies, J., and of the lower appellate Court on the preliminary point that the suit is not, maintainable by reason of want of sanction under Act XX of 1863, and we remand the suit to the lower appellate Court for disposal according to law.