Trust-Proof of

The shops erected on the land marked "B" were built as the evidence shows after the ceremony of 2nd May 1928, and the plaintiff received the rents from such shops for his own use. Without these rents there would be no endowment for the choultry which would require money to be spent for its upkeep. In their Lordships' opinion the plaint and the evidence, whilst establish­ing that the plaintiff contemplated that the property in suit would be used as a rest house, which their Lordships assume would be a charitable purpose, do not establish that he ever carried out his intention to dedicate the property, or decided upon the nature of the proposed trust. In their Lordships' opinion the view of the learned Subordinate Judge was right and this appeal must be allowed.