a thesis - Institute of Advanced Legal Studies

116 IMPLIED TRUSTS.
CHAPTER XVIII.—CONSTRUCTIVE TRUST WHERE LEGAL
AND BENEFICIAL INTEREST NOT IN SAME PERSON.
IN any case not within any of the preceding chapters,
when there is no express trust, but the person having
possession or control of property has not the whole
beneficial interest therein, he holds the property in trust
for the persons having such interest or the residue
thereof, as the case may be, to the extent necessary to
satisfy their lawful demands.
All that is necessary to establish the relation of trustee and
ccstui que trust is to prove that the legal title is in one person and
the equitable title is in another, (ffardoonv. Belilios, (1901) A. 0.
at p. 123.)
Consequently, wherever this state of affairs exists without
having been brought about in any of the ways discussed in the
previous chapters, a constructive trust arises.
Dr. Whiteley Stokes in s. 94 of the Indian Trusts Act, 1882,
states the law thus :—
" In any case not coming within the scope of any of the preceding
sections, where there is no trust, but the person having
possession of property has not the whole beneficial interest therein,
he must hold the property for the benefit of the persons having
such interest, or the residue thereof (as the case may be), to the
extent necessary to satisfy their just demands."
Mr. Underhill (6th ed. 138) says of this proposition that it
doubtless includes all those relating to constructive trusts which
have preceded it; but as it would be an endless task to enumerate
every kind of constructive trust (for they are, as has been truly
said, conterminous with equity jurisprudence), it seems better to
call special attention to those classes which are most important and
to bring all others within one sweeping general clause.