1926 (11) TMI 5

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....ppellant), and his brothers and some, others, and the share in the immovable property which defendant 1 would otherwise have received was augmented in consideration of an obligation imposed upon him to pay certain sums aggregating to Rs. 500 including a sum of Rs. 250 to the widow of a deceased brother and to her daughter, the latter of whom (the mother having died) is the plaintiff and a responde....

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....trust property. What are the characteristics of the trust property has been discussed in the Secretary of State v. Prasad Bapuh A. I. R. 1923 Mad. 667 the case of the Tanjore land-holder; and the appellant relies upon the test applied there, that the fund, to be a trust fund, must have been specially set apart and earmarked for the service of the trust. 4. That is no doubt true. If the Bast Ind....

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....r declared and accepted by him for the benefit of another or of another and the owner. 5. This definition clearly provides for a case where the owner is also beneficially interested. It was held in Imbichi v. Aunkoza Haji [1917] 33 M. L. J. 58 that where upon a partition, the property of a party thereto was to be liable upon his failure to pay certain debts assigned to him a charge was created,....