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Judgment
Khan, J.—The facts leading to this revision are that two persons, who were trustees of Balkishen, instituted a suit for the recovery of rent against the tenant. In the course of these proceedings, one of the trustees died, and, when the controversy arose as to a new trustee being nominated and then appointed as the legal representative of the deceased trustee, the trial Court held that the surviving trustee could continue the suit. Against this decision, the defendant has filed this revision.
The decision of the Court below must be deemed to be one under Order 22 Rule 3 Civil Procedure Code. I think the order is correct because on the death of one of the trustees, the right to sue survives to the other trustee. I am fortified in this view by the decision of an English case (Lane vs. Debenham, 11 Hare 188) in which it is said that trustees take the trust-estate as joint-tenant, and therefore, on the death or discharge of one, the estate, office and power survive to his co-trustees. Section 76 of the Indian Trust Act is also to the same effect and supports the above proposition. Section 76 reads thus:--
On the death or discharge of one of the several co-trustees, the trust survives and the trust property passes to the others, unless the instrument of trust expressly declares otherwise.
In the instrument of trust, which has been read out to me by the learned counsel, I do not find any express declaration to the contrary. In this view of the matter I think that the order of the trial Court is right and no interference is called for,
The revision is rejected.