RAMDASS TRUST Vs. DAMODARDAS

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff because the learned District Judge, Jaipur City, has, on appeal by the defendant, dismissed the plaintiff's suit for recovery of money.

(2.) THE suit was instituted by Shri Ram Das Trust through one Narain Singh for the recovery of Rs. 5000/- on account of principal and Rs. 550/- by way of interest and incidental expenses, making a total of Rs. 5550/-. It was clearly stated in the plaint that the plaintiff was a religious trust, which was administered by its trustees and that one Narain Singh was the Vice President of the Board of Trustees and had been authorised to advance loans from the trust fund and to realise them. THEre were nine trustees under the original trust deed, some of whom had retired and had been replaced. THE loan of Rs. 5000/- is said to have been advanced by Narain Singh in his capacity as Vice President and the suit was raised for its recovery because the defendant failed to repay it.