BHAGWAN SITARAM Vs. NAMDEO NARAYAN

JUDGEMENT

(1.) THIS judgment will also govern the disposal Of First Appeal No. 153 of 1950.

(2.) BOTH the appeals arise out of a suit Instituted by Namdeo Gore and Dattatraya Fulkar under Section 92 of the Code of Civil Procedure for the removal of the defendant No. 1 Bhagwan son of Sitaram from the trusteeship of Shrce Datta Deo-sthan Kalamb. The relevant facts are as follows: one Kasabai, the widow of Krishnaji Gore, executed a deed of trust on 3-6-1928 whereunder she dedicated S. No. 34/1 area 10 acres 32 gunthas of Kasba Kalamb to the temple of Shree Datta Saunsthan and appointed five persons including the defendant No. 1 Bhagwan as trustees. Other persons who were appointed trustees were Dattatraya Balaji Sarde, who is no longer alive, defendant No. 3 Dada Vitlioba, plaintiff No. 2 Dattatraya Fulkar and defendant No. 2 Laxman Gangaram.

(3.) ACCORDING to the plaintiffs, the defendant No. 1 was in the sole possession and management of the field that he had not rendered any accounts of the income thereof and that he had not maintained the temple in good condition nor did he carry on certain directions regarding the giving of dinners contained in the wyawastha patra executed by Kasabai.