KAMALNARAYAN RAMSARANLAL Vs. RAM KISHORELAL

JUDGEMENT

(1.) THE appellant Kamalnarayan was the defendant in the Court below. The present suit was filed by the two respondents Ram-kishorelal and Ramamijlal for a declaration that the defendant Kamalnarayan had committed breaches of a public trust in respect of a village called Telibandha, which it was alleged had been endowed to Shri Ramchandraji Deosthan, Dudadhari Math, Raipur, and for a further declaration that on account of those breaches the defendant Kamalnarayan had rendered himself liable to be removed from his post as sarbarakar or trustee of the said Deosthan, and for his removal. They also asked the Court to direct the defendant to render accounts of the said endowed Property from 1936 up to date and also for a direction that the sum which the defendant had received from the sale proceeds of the land situated at Telibandha amounting to Rs. 1,06,774-1-0 be deposited in Court. The plaintiffs also requested the Court that Ramkishorelal (plaintiff No. 1) be appointed sarbarakar in place of Kamalnarayan.

(2.) THE suit purported to be one under Section 92 of the Code of Civil Procedure read with Section 6 of the Charitable and Religious Trusts Act, 1920. Previous to the filing of the suit, proceedings had been taken before the Additional District Judge, Raipur, under Section 3 of the latter Act, and permission was accorded by the Additional District Judge to the four applicants before him to file the suit under Section 6 of the said Act. It appears that two of the original applicants before the Additional District Judge did not or could not join in the present suit and hence the two plaintiffs alone brought the suit.

(3.) THE trial Court decreed the entire claim of the plaintiffs and hence this appeal. The following genealogy shows the relationship of the parties to this appeal and also shows the names of the various dramatis personae who had taken part in other litigations in the family from 1896 onwards : JAGANNATH SAO (d) | Dinanath Sao (d) __________________________|________________________________ | | Sobharam Sao (d)Keshoram Sao (d)______________|__________________ ____________|______________ | | | | | | sarjuprasad (d) Gokulprasad (d) Jamnaprasad (d)Ramdin (d) Gajanand Nandkishore (d)| | |___________________________ Sao (d) | | | | Ramkishorelal (Plff. 1)| |__________________________ | ________|___________ |_______________________________ | | | | | | | | | | | Bishnoo Somitralal Ramvatar Ramsaranlal (d) Ramdhir-Krishna-Ramanuj-| | Prasad | dayal (d) saran lal (Plff. 2)| | kamal _____|_____ | | narayan | | | | ramsunder Shyamsunder | | ________________________________________|___ | | | | | | ramlal (d) Ramsahal (d) Maksudanlal Radhakishan | | | Ramkumar _________________________________|______ | | | Mathura Prasad Gouri Prasad Bhanu Prasad