MANSUKHRAM Vs. HEMARAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the District Judge, Jodhpur dated 11th of December, 1961 dismissing the suit filed under sec. 92 of the Code of Civil Procedure by Mansukh Ram, Sita Ram and Jassu Bharti against Hemaram defendant. Of these plaintiffs, Sitaram died during the pendency of the suit in the trial court and Mansukh Ram and Jassu Bharti have come in appeal. The suit was contested by the defendant on several grounds one of which was that the plaintiffs had no interest in the alleged trust. The trial court held that Mansukh Ram (Plaintiff No. 1) had such interest in the trust as would entitle him to file the suit but the other plaintiffs had no such interest. The trial court also held that the plaintiffs had failed to prove that it was a case in which there was a public trust. On these grounds the suit was dismissed.

(2.) IN this appeal, the first point to be examined is : Whether the two plaintiffs - Sitaram and Jassu Bharti - had such interest in the trust as entitled them to file a suit under sec. 92 of the Code of Civil Procedure. IN the plaint it has not been disclosed what interest these two plaintiffs had in the trust.