Oral trust proof requires clear intention, definite property and beneficiary; uncertain testimony and entries failed here.

An oral trust is proved only by clear evidence of an intention to create a binding trust, identifiable trust property and a definite beneficiary. The burden lies on the party asserting the trust, and interested oral testimony, without certainty or corroboration, is insufficient. Account entries must show that the property was actually set apart for the stated charitable purpose; inconsistent later dealings and the absence of completed divestment of ownership weigh against a trust. On the facts, the entries, including a credit in the name of a deity, and the surrounding circumstances indicated only a possible charitable intention, not a constituted trust. No valid trust was established over either the alleged one lakh rupees or the balance of Rs. 88,914-9-3.

---

---

Issues: Whether a valid oral trust was created in respect of the sum of Rs. 88,914-9-3, or alternatively the sum of one lakh rupees said to have been set apart for the Marwari Bepari School.

Analysis: The burden of proving an oral trust lay on the party asserting it. A valid declaration required clear evidence of intention to create a binding trust, identification of definite property, and a definite beneficiary. The oral testimony relied upon was found to be insufficient, largely coming from interested witnesses and lacking the certainty required to prove an express declaration or conduct amounting to a trust. The account entries did not show that the amount was set apart for the school, and the later dealings with the money were inconsistent with any completed divestment of ownership. The credit entry in the name of a deity, the absence of a school or charity credit, and the surrounding circumstances indicated only a possible charitable intention, not a constituted trust.

Conclusion: No valid trust was proved in respect of either the alleged one lakh rupees or the balance claimed as Rs. 88,914-9-3. The claim to trust property failed.

---