High Courts(1902) 08 MAD CK 0011

Subramania Iyer vs Doraisami Tevar and Others

Madras High Court · Decided on 6 August 1902 · Citation: (1903) ILR (Mad) 368 : (1903) 13 MLJ 22

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Judgment

6 paragraphs · 151 words
1.

This suit clearly falls under Article 18 of the second schedule to Act IX of 1887 being a suit relating to a trust. The plaintiff was appointed by the

author of the trust and not by the trustees as editior, and relying upon that appointment he claims that the defendants as trustees should carry out

the direction in the instrument of trust and pay him his salary as therein provided until his resignation. If the plaintiff, therefore, has any cause of

action, it is to enforce the carrying out of one of the directions in the instrument of trust, i.e., to enforce the performance of the trust in so far as it

relates to the plaintiff. In this view the plaint should have been returned to be presented to the proper court, and it is accordingly now ordered to be

returned. The revision petition is otherwise dismissed but without costs.