Trust property and adverse possession: alienation by a trustee without title does not bar recovery by limitation.

Trust property vested in an idol cannot be validly conveyed by a trustee or manager who has no title to transfer, so an alienee under such a transaction acquires no enforceable title against the idol or a succeeding trustee. Article 134 of the Limitation Act, 1908 applies only where the transferor could convey title, and therefore does not bar a suit for recovery in these circumstances. Possession derived from the trustee is not adverse to the trust, and Article 144 and Section 28 do not defeat the claim unless possession is shown to have become independently adverse to the trust. The temple trustee was entitled to recover the property.

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Issues: Whether a suit by a temple trustee for recovery of property alienated by a trustee was barred by limitation under Article 134 of the Limitation Act, 1908 or by adverse possession under Article 144 of the Limitation Act, 1908.

Analysis: A trustee of a religious endowment is only a manager for the time being and cannot convey valid title to trust property where the property is vested in the idol. An alienee from such a trustee acquires no title capable of defeating the idol or the succeeding trustee merely because the transaction is styled as a permanent lease or other alienation. Article 134 applies where the transferor can convey title, but not where the trustee had no alienable interest. Article 144 and Section 28 of the Limitation Act, 1908 apply only where possession becomes truly adverse to a person capable of asserting title; possession derived from the trustee is not adverse to the trust, and the doctrine of adverse possession cannot be invoked against an idol treated in law as under perpetual tutelage.

Conclusion: The suit was not barred by limitation. Article 134 did not apply, Article 144 did not defeat the claim, and the temple trustee was entitled to recover the property.

Ratio Decidendi: Where trust property is vested in an idol and alienation is made by a trustee or manager who has no title to convey, the transferee cannot acquire prescriptive title against the trust, and limitation does not run merely from the date of the alienation unless possession is shown to be independently adverse to the trust.

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