B S MAHADEV SINGH Vs. NANDGOPALDASS

JUDGEMENT

(1.) The two appellants are the decree-holders whose application for execution of a decree under Section 92 of the Civil Procedure Code has been dismissed by the District Judge, Secunderabad. On 10-3-1943, the appellants bad filed in the then District Judges Court, of Secunderabad, O. S. No. 8 of 1943 for the removal of the judgment-debtor-respondent from the office of the Mahanth of Narasingh Mandir, Secunderabad, for framing of a scheme and for rendition of accounts. The suit was decreed by the District Judge of Secunderabad on 17-9-1945, directing the Mahant to render accounts, to refund Rs. 2,500.00 which sum he had misappropriated; and he dismissed the request for the removal of the Mahant. The decree was modified by the appellate authority on 18-11-1946 and it directed as follows: "1. That the defendant shall file an inventory within one month of all moveable and immovable property belonging to the temple.

(2.) That the defendant shall account for all the amounts received by him under Ex. P-1 (mortgage deed executed by the defendant in favour of Prodduturi Mallayya for H. S. Rs. 6,000). P-4 (mortgage deed executed by defendant in favour of Kaveti Veeramalliah for H. S. Rs. 8,000.00), P-21 (Lease deed executed by the defendant in favour of Vaman Naik for H. S. Rs. 12,000.00).

(3.) That the defendant shall maintain regular accounts each year with regard to temple income and expenses and make these accounts available for inspection, when required by the plaintiff, or by the temple worshippers or devotees.