PURAN ATAL Vs. DARSHAN DAS

JUDGEMENT

(1.) This appeal arises out of a suit purporting to be brought under Section 539 of Act XIV of 1882. The plaintiffs allege that there was a charitable trust for public purposes, that they ware interested in that trust, that the defendant Puran Atal had for some time been a mahant and gaddinashin of the trust, that he had been deposed as being unfit for the office and the plaintiff Darshan Das had been duly installed in his place, and that the defendant Puran Atal had re-taken possession of the trust property. Various reliefs of the nature provided for by Section 539 were then prayed for.

(2.) The first question which arose was whether or not sanction had been given according to the provisions of Section 539. The Court held in favour of the plaintiffs and that question has not been argued here.

(3.) The next question, which is the most important question in the case, was the question whether or not a public charity-existed within the meaning of Section 539. The learned Judge held that such a trust did exist. He then went on to hold that the defendant Puran Atal was not a fit and proper person to be the gaddinashin, that he had been duly deposed, and that the plaintiff Darshan Das had been duly installed in his place, and was a fit and proper person to hold the office. The learned Judge accordingly framed a decree removing the defendant Puran Atal from the management of the property and directing that the properly should be placed under the management of the plaintiff Darshan Das, who was to render an account at certain periods of the trust property.