Rehman and another v Ali and others

Trust and trustee – Charitable trust. The Chancery Division granted an order of possession in favour of the claimants in respect of a property, from which a mosque operated, which their deceased father, who had been a distinguished member of the Muslim community, had bought in their name, but in respect of which the defendants had taken control as purported trustees of an alleged charitable trust. The court held that, on the facts, there was no case for a constructive or resulting trust and the claimants, as legal and beneficial owners, were entitled to possession.

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