.... Appeal No.56 of 1949-50, D/- 26 -6 -1952. (A) Limitation Act (9 of 1908), Art.142 and Art.144 - LIMITATION - ADVERSE POSSESSION - TRUST - ...footing claim to be in possession of the property which is necessary for the proper discharging of the trust are proper parties to the suit when in their absence the Court cannot effectually and...Judgement These two appeals are by the plaintiff who filed a suit for declaration of his title to, and for possession of, the schedule property with mesne profits. The...

...Limitation Act, Vol. 2, 6th Edn at page 239, it is stated as follows:“A trustee cannot, by setting up his own title to the trust property, acquire by adverse possession a title to the ...principle above stated, namely, that a trustee cannot acquire title by adverse possession of the trust property, applies equally to quasi or constructive trustees (5) to the managers of religious...cannot acquire title by adverse possession of the trust property, applies equally to ‘quasi’ or constructive trustees, the managers of religious endowments and in fact to all persons who stand in ...

...decree to dispossess the respondents prior to filing of the suit by the appellant. The Privy Council negatived the contention that the decree in the suit holding the property as trust property was res judicata as a...respondents for possession of immoveable property in question. In 1890 the appellant's grandfather created a trust of his properties including the property in question. That property was ...appellant had been in continuous possession of the suit land and perfected his title by adverse possession. Accordingly, the suit of the plaintiff was decreed by the trial court. Against the judgment and...

...property. The mere fact that the Board may not have been entitled to assume control of the trust property in this case does not in our opinion act in favour of the Board or entitle the Board to transfer th...cannot amount to adverse possession, and did not in any way interfere with the public right of holding fairs and user of the land and the well. I hold that the land was a wakf property and was dedicated...therefore was trust property and wakf. The position in our opinion would be somewhat different if the rights of the public in the property were merely those taken by the learned single Judge as a right of...

...was that in the presence of the purchaser it was declared that the trust had been validly created and that the pro perty was, in fact, trust property, and it is suggested that this effects res judicata as against t...for an account of such property or proceeds, shall be barred by any length of time." and it shows that, where it is sought to follow trust property, as in the present cas...fixes the period as 12 years where the suit is to recover possession of immova ble property conveyed or beque athed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a...

...beneficiaries, but having no legal title in them, would fail in their suits, if they file the same for the recovery of possession of the trust property, even if they allege that the defendant is in ...direction is required to recover possession of a property belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from any person including a person hold...institute suits for the recovery of the possession of such property belonging to a public trust from any person including a person holding adversely to the public trust, Mr. Shah's submission is t...

...assigns (not being assigns for valuable consideration) for the purpose of following the trust property in his or their hands. The rule is that an express trustee cannot prescribe for a title by adverse ...not prevent a stranger to!, the trust,-who takes possession of the trust, property independently of the,. trustee, from acquiring title by adverse possession. These propositions ...no doubt that if Appadurai took the endowed land subject to the ''trust" he would be subject to the disabilities of an express trustee, including the inability to acquire a title to the trust property by ...

...were co-sharers, unless a clear ouster was pleaded or proved the possession of the defendants as co-sharers would be deemed in law to be the possession of the plaintiff”12. Thus the decision ...co-owner of Ummeri Umma aind his possession of the property cannot therefore be treated as adverse to the plaintiffs’ title to a 1/5th share. The plaintiffs have no case that Ummeri Umma bad at any...or prove adverse possession against another co-owner even if his possession is adverse to the knowledge of the other co-owner ousted from possession of the property. The Supreme ...

...claiming that they rented the shop from defendant no.3 (Trust) in the year 1965 and the shop is owned by the Trust by adverse possession. 6. Both the courts have found that the defend.... 8. The learned counsel representing the appellants contends that the plaintiff filed the suit for recovery of possession of immovable property beyond the time prescribed under Ar...vide registered sale deed dated 26.05.1972, which was registered on 06.06.1972. It is the case of the plaintiff that the defendant no.2 is in the possession of the property but he has stopped paying...

...recognition of the argument that one trustee does not claim through his predecessor. There have no doubt been differences of opinion as to when the possession of an alienee from a trustee may become ...be applied to the trust properties. Section 145, Criminal P.C., relates to the question of possession of immoveable property and its application does not depend upon whether...1918 the properties had been in the possession of a tenant. In 1919 Periaswami filed an application before the Divisional Magistrate, Kumbakonam, setting forth the trust character of these properties...

...fiduciary capacity as trustees, they could not acquire title by adverse possession against the deity. It is well established that a trustee cannot by setting up his own title to the trust property, acquire by ...possession of the property and appropriating it to their own use. The learned Judges appear not to have had in their minds the statement of the law in Sections 63 and 64, Indian Trusts Act, 1882...for over a period of 12 years. Where a person is in possession of trust property and purports to act as trustee in defiance of the rights of the true owner, such a person cannot be deemed...

...property the contention that the said declaration operated as res judicata against the respondents and prevented them from asserting that the property was theirs was not tenable: "At the moment w...) 873 ACT: Adverse possession-Agreement to sell mortgaged properties- Subsequent sale to mortgagee in possession-Possession of mortgagee, if adverse-Trusts ...mortgagors and those claiming through them became extinguished; that his possession, being to the knowledge of respondents 1 and 2, was adverse against them and therefore the suit was barred by...

...in possession of the suit property for the last more than 28 years and that his possession had been adverse throughout and thus, he had become the owner by adverse possession. The trial C...it was a duly registered Trust. The plea of the defendants that they had become the owners of the suit property by adverse possession was negatived. It was also held that the plaintiff was the pow.... Therefore, the Trust could not claim possession from the defendants who are admittedly in possession of the suit property though they might not have acquired ownership by adverse ...

...trust so created, after the expiry of 12 years' adverse possession would acquire a statutory title to it. The law is well established that where a trustee has been in possession for upwar...possession of the trustee is as much adverse to the true owner as that of any trespasser. Section 10, Limitation Act (Act 9 of...on the plea of adverse possession in their favour; but Mr. Rewcastle has frankly conceded, and in their Lordships' opinion rightly that the appellant cannot claim the benefit of this section, as it would be impossi...

...could not acquire title by adverse possession against the deity. It is well settled that a trustee cannot by setting up his own title to the trust property acquire by adverse possession a title to...trust property, applies equally to 'quasi* of constructive trustees, the managers of religious endow­ments and in fact to all persons who stand in a fiduciary relation to others.'1 X X X X ...the aforesaid person would be deemed to be possession on behalf of the shrine because a shrine not capable of being in physical possession of the pro­perty has to enjoy its right to property by be...

...petitioners admitted that they are the tenants at one point of time, now they are estopped from raising the claim of title over the suit properties based on adverse possession. The settled proposition of l...authority given under the Rend Agreement. But subsequently, since they have not evicted the property, Ramasami Pillai the original tenant become the owner of the property. They are entitled for the adverse...said Wakf O.P., for eviction has been filed beyond the period of 12 years and they claimed adverse possession. 11. It is settled proposition of law that once the...

...in fact a trust property. Their Lordships pointed out that "at the moment when the said decree was passed the possession of the property was adverse and...have the alienation of the trust property by some of the defendants, trustees. to the other defendants declared invalid and for possession to the trustees, the proper decree to be made if the Court be...". It would thus be seen that these observations mean no more than this that the beneficiary under a private trust cannot claim to recover possession of the property from the trustee so as to attract...

...moment when it was passed the possession of the purchaser was adverse, and the declaration that the property had been properly made subject to a trust disposition, and therefore ought not to have been...law taken by the Courts below is incorrect, and the possession of the defendants cannot be said to be adverse to the right of the plaintiffs. Raghubar Dayal's sons having purchased the property in...immoveable property has no title to it has not the effect of interrupting the continuity of his adverse possession as against the real owner. If he continues in possession for 12 years before suit...

...possession not in their own private right but as trustees; and though he held that there was no question of adverse possession in the case of trust property and the defendants could not p...the gymnasium and its properties are a public trust and that they are merely the managers of the institution, we have not been shown any authority for holding that they can plead adverse possession...the will.”11. They go on to point out that by taking upon himself the administration of the trust property and taking possession of the trust property, the defendant becam...

...purchase of the trust property. Vide Re. Postlethwaite: Postlethwaite v. Rickman. The question therefore is, can this principle be applied to the case of property lost to the ...have entered into dealings of the said property under circumstances which are adverse to the trust which resulted in a pecuniary advantage to him. If the title to the trust property had become los...property in spite of Exs. A and E, that adverse possession commenced to run against the temple from the date of forfeiture incurred by Rajammal and whether the date is taken to be 1890 or 1899, the...