MAHOMED ATHAR Vs. RAMJAN KHAN

JUDGEMENT

(1.) This is an appeal from the judgment of the District Judge of Cuttack, dated the 6th November 1903, requiring the present appellant, Syed Mahomed Athar, as custodian of a public endowment under the provisions of Act XX of 1863, to execute within two months from the 7 November 1903, a personal bond in the sum of Rs. 3,000 and to furnish two sureties in the sum of Rs. 1,500 each for faithfully discharging the duties of his office, and rendering to the Committee appointed under the Act a full and true account of the receipts and disbursements up to date, and directing that he be dismissed from his office if, within 6 months from the above date, he should fail to furnish the accounts.

(2.) The suit was instituted under Section 14 of Act XX of 1863 for the removal of the defendant (present appellant), Syed Mahomed Athar, from his office of Daroga in connection with the endowment of Kadam Rasool (foot prints of the Prophet) on the ground of manifest misfeasance, breach of trust and neglect of duty in the management of the above named endowment. A long list of such acts of misconduct oh the part of the appellant is given in the plaint.

(3.) It appears that, on the application of five men, namely, Sultan Khan, Saif Ali, Abdul Aziz, Ramjan Khan and Mithoo Mea, the District Judge of Cuttack on the 27 July 1899 and 8th August 1899, appointed, under Section 10 of the Act, a Committee to supervise the management of the endowed properties. Syed Mahomed Athar then appealed to this Court questioning the power of the District Judge to appoint this Committee; hut the appeal was dismissed on the 6 January, 1903.