DASSA RAMCHANDRA PRABHU Vs. NARSIMHA DAMODAR BHATT

JUDGEMENT

(1.) This was a suit in which the plaintiff prayed for a declaration that the property in question was not liable to attachment and sale in execution of a decree obtained by the first defendant against the second defendant inasmuch as it was property reserved for the performance of a certain religious trust.

(2.) The learned Subordinate Judge in the Court of first instance dismissed the suit holding that the document relied upon as constituting the trust did not constitute a trust but showed that there was here only a gift burdened with an obligation.

(3.) In the Court of appeal, however, the learned District Judge took another view, and was of opinion that there was a good complete trust of the property which in consequence was not liable to attachment and sale.