DARVES HAJI MAHAMAD SIDIK Vs. JAINUDIN HAJI BADRUDIN

JUDGEMENT

(1.) This appeal arises out of a suit relating to a public charity and purporting to be brought under Section 539 of the Civil P. C..

(2.) The circumstances under which such a suit can be instituted are indicated in the section : it may be instituted by the Advocate General acting ex officio or by two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General.

(3.) This suit was not instituted by the Advocate General, so it must be seen whether it can be said, that two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General, instituted this suit. In our opinion it cannot.