CHAPSEY COOVERJI Vs. JETHABHAI NURSEY

JUDGEMENT

(1.) The parties to this suit are members of the Cutchi Dassa Oswal Bania caste. The evidence shows that the present litigation is the result of two factions in the caste, one headed by Vassonji Tricumji and the other by Jethabhoy Nursey, one of the defendants in this suit. This is not the first time that the caste has been divided into two factions and been launched into litigation. It is the third time that this Court is called upon to deal with differences among its members. The first time its affairs came up before this Court was in 1881, when a suit was filed by some of its members for the removal of the trustees of some of its religious and charitable trusts. See Thaokersey Dewraj V/s. Hurbhum Nursey (1883) I.L.R. 8 Bom. 432: and the decision of Scott J. therein. The plaintiffs in that suit succeeded, the Court having removed the trustees and ordered a scheme to be prepared for the future administration of the trusts. That decree, having been taken up in appeal, was varied by the appellate Court, consisting of Sargent C.J. and Bayley J., who declined to remove the trustees, holding that though they had been negligent in the performance of their duties, there was no proof of misconduct to justify their removal. The appellate Court also held, as to the scheme sanctioned by Scott J., that since the trusts belonged to the caste, it was undesirable to interfere with their liberty to direct how the funds of the trusts should be expended. I cannot help regretting-and the regret is shared by Mr. Lowndes and the learned Advocate-General, counsel for the plaintiff and the defendants respectively-that a scheme was not sanctioned which would have probably put an end to factions in the caste, saved money that is being now wasted on wearisome litigation and spared to the caste all the bitterness which has been dividing its attention and energy.

(2.) The plaintiff, Champsey Cooverji and the defendants were appointed in January 1905, trustees of the Derasar and the Sadharan Fund of the caste. On the 19 of August 1905, two trust-deeds (Exs. B and C) were executed to give effect to that appointment.

(3.) The plaintiff now complains that the defendants, his co-trustees have wrongfully excluded him from the trusts and he asks for a declaration of his trustee-ship and for an injunction to restrain the defendants from denying to him, or otherwise interfering with, his right as a trustee.