MOHAMMEDALLY ADAMJEE PEERBHOY Vs. AKBERALLI ABDULHUSSEIN ADAMJI PEERBHOY

JUDGEMENT

(1.) This is an appeal from a decree dated August 18, 1930, made by the High Court of Judicature at Bombay in its appellate jurisdiction, affirming (with some variations which are not material to this appeal) a decree dated March 12, 1929, and made by Mr. Justice Madgavkar sitting in the said High Court in its original civil jurisdiction.

(2.) The plaintiffs are members of the Dawoodi Borah community and, having an interest in the trust, which is the subject-matter of the suit, they obtained the consent of the Advocate General at Bombay to institute the suit in pursuance of Section 92 of the Civil Procedure Code of 1908 on the basis that the trust was created for public purposes of a charitable. and religious nature.

(3.) The first plaintiff is a grandson of the late Sir Adamji Peerbhoy, who created the above-mentioned trust.