PREM NARAIN Vs. RAM CHARAN

JUDGEMENT

(1.) This is an appeal, by special leave, by Prem Narain, a minor, through his mother, Ms. Chameli, against a decree of the High Court of Judicature at Allahabad, dated 12 April 1927, which varied a decree of the District Judge of Aligarh dated 15 March 1924, and decreed the major part of the plaintiffs' claim. The suit was brought in pursuance of the provisions of S. 92, Civil PC, by five persons, who were alleged to have an interest in certain property which was specified in the plaint, and which was stated to be endowed property and the subject-matter of a trust created for public purposes of a charitable or religious nature. Prem Narain, the appellant, was the first of five defendants. The reliefs asked for in the plaint were as follows: a declaration that the property was an endowed property; that the defendants should be dismissed from the managership and trusteeship thereof; that a scheme for the management of the property should be drawn up by the Court, and that an order for the rendering of accounts by the defendants should be made.

(2.) The learned District Judge who tried the suit, dismissed it on the ground that there was no public trust. The plaintiffs appealed to the High Court which allowed the appeal. The learned Judges' held that the property, with the exception of a specified portion, was the subject of a public trust within the meaning of S. 92, and they made a decree that defendants 1, 3 and 4 should be removed from the possession of such property. A direction was made that the case should be sent back to the District Judge for the framing of a scheme of management of the property.

(3.) The claim for accounts was disallowed. The appellant, Prem Narain, was directed to pay the plaintiffs' costs in the appeal Court and in the lower Court. From this decree the appellant, Prem Narain, has appealed.