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Judgment
The order of the Subordinate Judge, though purporting to be made on a petition presented u/s 437 of the Code of 1882, is in fact an order
disallowing objections to the continuance of the suit by a new Trustee, and so is appealable.
On the merits, we are of opinion that the Subordinate Judge is right and that the instrument does not require registration.
It is contended that it operates to create rights over immovable property in the Trustee appointed by it, but it is not by its operation, that the
rights of the Trustee are created.
There is nothing in the instrument which, expressly or by implication, creates any rights in the person appointed by it. The rights are, as the
Subordinate Judge points out, created by the operation of Section 75 of the Trusts Act and not by the instrument of appointment.
We have no doubt that the office of Trustee in this case is not immovable property within the meaning of the Registration Act.
We dismiss the appeal with costs, and dismiss the revision petition.