AIR 1982 DELHI 453 ::(1982) 21 DLT 404 ::(1982) DRJ 207

Delhi High Court

Hon'ble Judge(s): A. B. Rohtagi, Leila Seth , JJ

(A) Trusts Act (2 of 1882) , S.1— Applicability - Act does not apply to public trusts and charitable trusts - Distinction between private and public trusts. The Act applies to private trusts only other than religious or charitable endowments. The most fundamental distinction between private and public trusts depends upon the character of the person for whose benefit they are created. The essential difference is that in the former the beneficiaries are defined and ascertained individuals or who within a definite time can be definitely ascertained but in the latter the beneficial interest must be vested in an uncertain and fluctuating body of persons either @page-Del454 the public at large or some considerable portion of it answering a particular description. (B) Trusts Act (2 of 1882) , S.73— Scope - S.73 applies to private trusts and does not extend to charitable trusts. (1905) ILR 28 Mad 517 Rel. on. (Para 19) (C) Civil P.C. (5 of 1908) , S.92— Public Charitable Trust - That settlor did not appoint trustee has never prevented courts of equity from enforcing a trust - Court can appoint new trustee for administration of trust. (190....