Co-trustees must act jointly to terminate tenancy and sue for possession, unless the trust deed allows otherwise.

Co-trustees must ordinarily act jointly in managing trust property, including determining a tenancy by notice to quit and enforcing recovery of possession. The power to terminate a tenancy is a fiduciary function and cannot be exercised by one trustee alone unless the trust deed authorises it, all co-trustees have sanctioned the act, or a recognised exception such as necessity or ordinary course of business applies. For the same reason, a suit for eviction or possession should ordinarily be instituted by all co-trustees together; a single managing trustee cannot sue alone without express authority in the trust instrument.

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Issues: (i) Whether one co-trustee can validly determine a tenancy by notice to quit without the concurrence of the other co-trustees; (ii) Whether one co-trustee can institute a suit for eviction or recovery of possession without joining the other co-trustees.

Issue (i): Whether one co-trustee can validly determine a tenancy by notice to quit without the concurrence of the other co-trustees.

Analysis: Co-trustees hold a joint office and, unless the trust instrument otherwise provides, must execute the duties of the trust jointly. The power to determine a tenancy is a fiduciary function and cannot ordinarily be delegated to one trustee alone. Such delegation is permissible only where the trust deed authorises it, the beneficiaries competent to contract consent, or the case falls within the limited exceptions of necessity or ordinary course of business. The act of giving notice may be performed by one trustee only when it is done pursuant to a decision taken by all co-trustees and with their sanction and approval.

Conclusion: One co-trustee cannot, by his own act, validly determine the tenancy without joint decision by all co-trustees, save where the trust instrument or recognised exceptions authorise otherwise.

Issue (ii): Whether one co-trustee can institute a suit for eviction or recovery of possession without joining the other co-trustees.

Analysis: The obligation to sue for recovery of trust property after valid determination of the tenancy is part of the execution of the trust. Since all co-trustees must join in the execution of the trust, the suit must ordinarily be instituted by all of them together. A single trustee, even if described as a managing trustee, cannot sue alone unless the trust deed confers such authority. If some trustees cannot or will not join as plaintiffs, they should be impleaded so that all co-trustees are before the Court.

Conclusion: A suit for eviction or recovery of possession cannot be maintained by one co-trustee alone unless the trust instrument authorises it.

Final Conclusion: The reference was answered by holding that co-trustees must act jointly in determining a tenancy and in suing for recovery of possession, subject only to a contrary trust provision or a legally recognised exception.

Ratio Decidendi: A co-trustee cannot unilaterally exercise fiduciary powers concerning trust property; joint action of all co-trustees is required for determining a tenancy and for instituting proceedings for recovery of possession unless the trust deed or a recognised exception permits otherwise.

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