GOSWAMI MANOHAR LAL Vs. SHYAM SUNDER LAL

JUDGEMENT

(1.) This is an application by Goswami Manohar Lal under Section 115 of the Code of Code of Civil Procedure for the revision of the order dated 24-4-1951, passed by the District Judge of Farrukhabad on an application made before him under Section 7 of the Charitable and Religious Trusts Act (No. XIV of 1920) by which the District Judge approved of the appointment of Shyam Sunder Lal Agarwal, the opposite party, as Sarbarahkar of the trust. The contention of the applicant is that having regard to the provisions of Section 9(c) of the Act the District Judge had no jurisdiction to pass the impugned order.

(2.) A preliminary objection has been taken by the other side to the effect that no petition for revision is competent and reference is made to Section 11 of the Act which makes certain provisions of the Code of Code of Civil Procedure applicable to proceedings under the Act and also to Section 12 of the Act which operates with regard to appeals.

(3.) It is not disputed that one Dwarka Das endowed his property to Behari Ji Maharaj installed in a temple at Bhogaon and to Sri Thakur Ram Chandra Ji Maharaj and Sri Murli Manohar Ji Maharaj installed in temples at Farrukhabad. No deed of trust was, however, executed. Dwarka Das's grandson Narain Das, who was the surviving member of the family and was the Sarbarahkar, submitted a scheme of management in the year 1923 to the District Judge and for the appointment of Sarbarahkar, nominating thereby a large number of trustees of some respectability inclusive of certain Government servants. The scheme was under Section 34 of the Indian Trusts Act and Section 5 of the Charitable Endowments Act. The District Judge, after issuing notices to all the trustees and to the Commissioners and Collectors of the district, sanctioned the scheme. Narain Das subsequently executed a deed of will on 4-4-1924, endowing some more property to these institutions and this had also the sanction of the District Judge. The trust is admittedly a trust for charitable and religious purposes. On the death of Narain Das his wife Smt. Lalita Devi became the Sarbarahkar. After the lady's death the Trust Committee appointed one Dharam Narain as the Sarbarahkar. On the resignation of Dharam Narain, one Gobind Lal was appointed the Sarbarahkar. After him Lala Moti Lal was appointed the Sarabarhkar by the Committee. All these appointments had the sanction of the District Judge. By a resolution of the Managing Committee passed some time in the year 1950 Shyam Sunder Lal the opposite party was appointed as the Sarbarahkar. On 22-4-1950, all the trustees made an application to the District Judge seeking his direction for the approval of the appointment of Shyam Sunder Lal as Sarbarahkar. By the impugned order dated 24-4-1951, the District Judge approved of such an appointment and dismissed the objection of Manoher Lal who was the Pujari of the temple.