WAZIR SHAH Vs. SANT SHAH

JUDGEMENT

(1.) THE present action has been brought by the plaintiff for a declaration that certain alienations made by the defendant Sant Shah who is the Mahant of a Dharamsalla be declared to be void. There is also a prayer compelling the defendant to return the amount of monies taken by him from the Collector Srinagar, to the credit of the Dharamsalla, or in the alternative to invest this money in government securities. There is also a prayer for directing defendant Sant Shah to render accounts regarding the money received by him from the Collector and directing him to throw the Dharamsalla open for the use of Shutra Shahian.

(2.) THE suit has been constested by the defendant on various grounds and the defendant has also taken certain preliminary objections to the maintainability of the suit.

(3.) ON the pleadings of the parties the following preliminary issues were raised in this case: