AIR 1959 BOMBAY 102 ::60 Bom LR 748

Bombay High Court

Hon'ble Judge(s): Shelat , J

(A) Trusts Act (2 of 1882) , S.13, S.80, S.82— Position of benamidar under Sections - Conflict among real owners - Benamidar whether can take steps to preserve property. It is true that under Ss. 80 and 82 of the Trusts Act benamidar holds the property for and on behalf of the real owner in consequence of which there would be resulting trust in respect of the property in favour of the real owner. But then it would be fallacious to urge from those sections that the legal ownership in such property vests in the benamidar as it does in the case of a trustee. What those sections really mean is that benamidar is in fiduciary relationship with the real owner and, therefore, has all the obligations of a person in such fiduciary position towards the real owner. A benamidar is no more than an ostensible owner of the property he holds benami though his acts in certain circumstances would be binding upon the real owner. That is because the real owner holds him out to third parties as an owner of the property. It is, however, impossible to say as in the case of a trustee that any rights in the property either vest in him or that under S. 13 and the sections following thereafter of the Trusts Act any obligations therein set out fall on him.(Para 11) Where there is a conflict amongst the real owners, the benamidar would not be entitled to ta....