MT TETAR KUAR Vs. CHHOTU DAS

JUDGEMENT

(1.) This appeal arises out of a suit brought by five plaintiffs under the provisions of Section 92, Civil P.C., for removal pf the defendant on the ground that he committed breach of trust. The defence inter alia was that the trust in question was not a trust of a public nature such as would come under the provisions of Section 92, Civil P.C. The learned District Judge gave effect to this defence and dismissed the suit, holding that the trust was not of a public charaeter. The plaintiffs have preferred this appeal.

(2.) The trust in question was created, by a deed dated 22 April, 1913, which was executed by Hanuman Das. The deed recites that Hanuman Das and his wife having no children were always engaged in the service and worship of the idol Sri Radha Krishnaji, installed by Hanuman Das exclusively in the thakurbari in his family residence. With a view to make provision for the worship of the idol he dedicated his residence together with his properties to the idol. He appointed Chhotu Das whom he had brought up since his childhood like his son as the mutawalli. The deed provides: It is necessary and proper that mahanth Chhotu Das, manager and mutawalli, should always, as usual, serve and worship (the idol), perform the ragbhog and celebrate the festivals, so that no want and difficulty may be felt in the performance of the ragbhog, should thoroughly repair the temple, thakurbari and the houses thereof, so that they may not go out of repairs. As a matter of fact, he should make the nakdi and bhaoli collection and properly, should manage the said thakurbari and its affairs in accordance with the needs of the time and should serve the casual visitors.

(3.) The deed further provides for the appointment of a subsequent mutawalli by his relations in case Chhotu Das died without leaving any chela. The learned District Judge upon a construction of this deed has held that there is nothing in the deed to indicate that Hanuman Das intended to smake a dedication in favour of the public. At the very outset the deed recites that the idol Sri Radha Krishnaji was installed by Hanuman Das in his family residence. It is not disputed that Sri Radha Krishnaji was the family idol of Hanuman Das.