Law: Trust Act, 1882

Section: 48,36,37,38,39,17

Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,O.VII,R.7

(a) Trusts Act (II of 1882)--- ---Ss. 48, 36, 37, 38, 39 & 17---Power of trustee to convey property-- Scope---In order to convey or dispose of the property, the trustee has to be empowered to sell the trust property, which power has to be derived from the Trusts Act, 1882 and the instrument of trust i.e. trust deed---Trusts Act, 1882 has no provision which empowers a trustee to sell trust property-Trusts Act, 1882, itself provides that it is the instrument of trust that will govern the affairs of the Trust and its properties---Where the trust deed specifically provided that it would be lawful for the trustees to sell or dispose of the trust properties or any of them and to give effectual receipt for purchase money, it empowered all the trustees jointly to sell or dispose of the trust property and give effectual receipt for purchase money---Provision of S.48, Trusts Act, 1882, in circumstances, would have application to the case which provided that where there were more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provided---Principles. I.L. Janakirama Iyer and others v. P.M. Nilakanta Iyer and others AIR 1962 SC 633 fol. Sripada Satyanarayana Sarma v. Ravikanti Venkataramamurithy and others AIR 1935 Mad. 454 and Messrs Canal Breeze Cooperative Housing Soceity Limited v. Agricultural and Transport Development Corporation (Pvt.) Limited 2000 SCMR 506 distinguished. Muhammad Matin v. Mrs. Dino Manekji Chinoy and others PLD 1983 Kar. 387; Mrs. Dino Manekji Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 693; Bashir Ahmed v. Muhammad Yousuf 1983 SCMR 183, Manzoor Ahmed v. Hamid Shah Gilani 1997 SCMR 1443; Ferozuddin v. Tien Ying Lee 1987 MLD 2035; Jamil Ahmad v. Provincial Government of West Pakistan PLD 1982 Lah. 49; Obaidullah v. Habiabullah PLD 1997 SC 835; Gajendra Naith Dey v. Moulvi Ashraf Hossain AIR 1923 Cal. 130; Messrs Canal Breeze Cooperative Housing Society Limited v. Agricultural and Transport Development Corporation (Pvt.) Ltd. 2000 SCMR 506; Muhammad Aslam v. Muhammad Khan 1999 SCMR 2267; Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Gohar Rehman v. Liaqat Ali 1991 SCMR 305; Mrs.…

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