RACHAKONDA SATYANARAYANA Vs. LANKAPOTU VENKARAPPA REDDY

JUDGEMENT

(1.) THIS is a petition for revision under Section 115, Code of Civil Procedure, of an order made by the Addl. District Judge, Guntur, under Section 5 (5) of the Charitable and Religious Trusts Act 14 of ,1920, directing the Petitioner to render an account of tire income from the trust properties for a period of three years immediately preceding 27 -9 -52. The order of the District Judge was based on his findings that the Petitioner's great grand -father Lingamurthy endowed certain properties under his will Ex. A -1 dated 20 -1 -1892 for tire upkeep of a fresh water tank in the village of Garpadu and that the Petitioner is in possession of these trust properties.

(2.) THERE is clearly no substance in this contention. Sub -section (6) of Section 5 reads:

(3.) PROVIDES that if such undertaking is not given, or if after the expiry of three months such a suit is not instituted, the Court shall itself decide the question. A claim of tide adversely to the trust is in effect a denial of the existence of the trust. The Court dealing with petition properly filed, under Section is charged with the duty of itself deciding' that dispute, if the person setting up adverse title does not avail of Sub -section (3) and have recourse to a separate suit.