JANKI PRASAD Vs. KUBER SINGH

JUDGEMENT

(1.) This first appeal filed by two of the defendants arises out of a suit under Section 92 C. P. C.

(2.) Respondents Nos. 1 to 4 brought a suit under Section 92, C.P.C., with the permission of the Advocate General for removal of defendants Nos. 1 to 4 as trustees and appointment of new trustees in their place and also for rendition of accounts of the trust property. It was also prayed that a new scheme be settled for the future management of the trust. Defendants Nos. 5 to 13 were impleaded as creditors of defendants Nos. 1 to 4 and a further relief was claimed that these defendants should have nothing to do with the trust property.

(3.) The dispute related to the charitable trust at Sri Thakur Sri Satya Narain Ji Maharaj of village Kaimar, district Aligarh, and it was alleged that a grove in that village and zamindari property in villages Pakwara ana Mangwara constituted public trust property of religious and charitable character and that defendants Nos. 1 to 4, who were the present trustees and belonged to the family of the creator of the trust, having become heavily indebted, had begun to mismanage the property and misappropriate its income. It was further alleged that in an application filed under the provisions of the Encumbered Estates Act defendants Nos. 1 to 4 have shown trust property as their personal property and it has also been ordered that the grove which is a trust property should be taken in liquidation of their debts.