PANNA LAL Vs. PUJ HARSH RISHI

JUDGEMENT

(1.) PANNA Lal and Piara Lal appeal from the decree passed on the 2nd of April 1947, in civil suit no. 326 of 1943 whereby the Court of first instance dismissed that suit leaving the parties to bear their own costs. (2) On the 12th of April 1943, Parma and Piara Lal instituted civil suit No. 326 of 1943 under section 92 of the Code of Civil Procedure to obtain a decree removing Puj Harsh Rishi from the office of trustee of the trust known as Upasara Pujan situate in Kucha Towarian, Amritsar City, for appointing a committee of management of the trust vesting the trust property in the committee of management and directing accounts. In the plaint, the plaintiffs maintained that the building bearing Khana Shumari Nos. 3619/11 and 3920/11 is a public religious institution of swetamber Moorti Pujak Jains of Amritsar, that shop bearing 'khana Shumari' No. 8/11, shop bearing Khana Shumari No. 3986/11 and house bearing Khana Shumari No. 3667/11 are attached to the institution and that the defendant was a trustee, of that institution. In paragraph 9 of the plaint grounds for the removal of the defendant from the office of trustee are given. (3) Puj Harsh Rishi defendant resisted the suit pleading that there was no public religious trust known as Upasara Pujan in Kucha Towarian, that Puj Kesho Rikh was the sole and full owner of the property mentioned in paragraphs Nos. 1 and 2 and 4 (b) and (c) of the plaint and that the property described in Sub-clause (a) of Para 4 of the plaint was acquired by the defendant from his personal income and had been sold by him. In the written statement it was stated that the property Described in paragraph 4 (c) of the plaint had been sold in execution of the mortgage decree passed against the defendant in Civil Suit No. 17 of 1942. (4) On the 15th of June 1943, the Court of first instance stayed the suit pending the derision of civil Appeal No. 37 of 1943 by the District Judge. That appeal was decided on the 15th of May 1944, but the plaintiffs preferred an appeal in that case in the High Court and the proceedings in civil Suit No. 326 of 1943 were stayed pending the decision of Regular S. A. No. 1169 of 1944. Copies of Judgments, Exhibits D. C. and D. B. , show that the suit out of which Regular Second appeal No. 1169 of 1944 arose was for declaration that the house described in paragraph No. 4 (c) of the plaint belongs to the Upasara Pujan and being wakf was not liable to sale in execution of the decree of Nand Lal and Mussammat Ram Rakhi against Puj Harsh Rishi. Panna Lal and piara Lal plaintiffs-appellants in these proceedings, were the plaintiffs in Civil Suit No. 17 of 1942 and Puj Harsh Rishi was defendant No. 3 in that suit. (5) Proceedings in Civil Suit No. 326 of 1943 were revived on the 22nd of February 1946. On the last mentioned date counsel for the plaintiffs stated that inasmuch as the plaintiffs' suit with regard to house No. 4667/11 has been dismissed, Civil Suit No. 326 of 1943 should be deemed to be dismissed with regard to the house described in paragraph No. 4 (c) of the plaint. (6) On the pleadings of the parties, the Court of first instance fixed the following issues : "1. Is there an Upasara Pujan in Amritsar in Kucha Towarian?

(2.) IS it a public religious trust of Swetambar Moorti Pujak Jains of Amritsar?

(3.) IS the defendant a trustee of that trust?