DHANPAL SINGH Vs. HARIRAM

JUDGEMENT

(1.) SHRI Ramchandraji Mandir, Banada, Tahsil Seoni-Malwa, District Hoshangabad, is a registered public trust under Section 4 of the Madhya Pradesh Public Trusts act, 1951. The entries recorded by the Registrar of Public Trusts indicate that motidas Bairagi, the third appellant, and Hariram, the respondent, were the trustees and that succession to the trusteeship was confined to the members of amraji Patel, the creator of the trust. The only immovable property attached to the trust was Khasra No. 182, area 4. 09 acres, of mouza Banada. The trust was registered under the M. P. Public Trusts Act on 14-5-1968 (See An-nexure A-2 ).

(2.) IT appears that Motidas was working as a manager-trustee and, as such, was in possession of the trust-property. He sold Khasra No. 182 to appellants dhanpalsingh and Ramadharsingh under a registered sale-deed dated 21-6-1968. The sale-deed appears to have been executed by Motidas Bairagi in his capacity as sarbarakar of Shri Ramchandraji Mandir. It also appears that the appellants purchased the property soon after the registration of the trust and with full knowledge that the property belonged to the trust.

(3.) HARIRAM, the respondent, on the allegation that Motidas had disposed of all the trust property and had neglected the worship of the idol filed an application before the Registrar of Public Trusts under Section 26 of the M. P. Pub-lie Trusts Act. On the direction of the Registrar, Hariram filed an application under Section 27 of the act before the District Judge on the same allegations for the relief that Motidas be removed from the trusteeship of the public trust, that Hariram be declared to be the sole trustee of the trust, and that Motidas and the transferees from him be directed to place Hariram in possession of the said property, namely, Khasra No. 182, belonging to the trust. In the proceedings under Section 27 of the Act apart from Motidas, the transferees, namely, appellants Dhanpalsingh and ramadharsingh were also added as parties.