GOLLALESHWAR DEV Vs. GANGAWA KOM SHANTAYYA MATH

JUDGEMENT

(1.) The questions referred for the decision of the Full Bench by Honniah and Venkataramiah, JJ. are as follows:

(2.) The defendants contested the suit on various grounds, one of their contentions being that plaintiffs 2 and 3 being trustees of the 1st plaintiff, they arc not entitled to institute the suit under Section 50 of the Act. The court below following the decision in Gana-pathi Ram Naik v. Kumta Shri Venka-taraman Dev, 1964-1 Mys LJ 172 upheld that contention and dismissed the suit. Aggrieved by the said decree, the plaintiffs have preferred the above appeal to this Court.

(3.) Honniah and Venkataramiah JJ. before whom the appeal came up for hearing were of the opinion that the view taken by a Division Bench of this Court in Ganapathi Ram Naik's case, requires reconsideration for the reasons stated in paragraph 5 of the Order of reference, which reads as follows: