RAM CHARAN BAJPAI Vs. RAKHAL DAS MOOKERJEE

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration that the plaintiff was legally appointed superintendent of a charitable and religious endowment, that his dismissal by the defendants Nos. 1 to 5, the trustees of the endowment, and the appointment of the defendant No. 6 as superintendent by the said defendants 1 to 5 were illegal and wrongful, for reinstatement of the plaintiff in his post as superintendent, and for perpetual injunction restraining the defendants from interfering with the rights and privileges of such superintendent, as provided in the deed of trust and for other reliefs.

(2.) The defence of the defendants Nos.1 to 5, inter alia, was that the plaintiff was appointed to act as superintendent on September 6, 1908, until further orders, and subsequently on September 7, 1908,. the plaintiff was directed to furnish security to the extent of Rs. 5,000 at an early date which he failed to do. The defendants charged the plaintiff with various acts of negligence and misconduct in the management of the trust estate, stated that his dismissal was imperatively called for, and pleaded that under the terms of the trust deed they had full powers to appoint and dismiss the superintendent. The case having come on for settlement of issues, the defendants contended before the Court below that, assuming the truth of the facts as stated in the plaint, there was no case for the issue of an injunction. The Court below held that the suit as framed for an injunction could not be maintained, that it was unnecessary to try the question whether the plaintiff s dismissal from service was wrongful or without any just cause, and that no issues need be framed for trial, and accordingly dismissed the suit. The plaintiff has appealed to this Court.

(3.) The Court then proceeded to deal with the terms of the deed, as set out above, and continued: