SUNDER SINGH-MALLAH SINGH SANATAN DHARAM HIGH SCHOOL TRUST, INDAURA Vs. MANAGING COMMITTEE, SUNDER SINGH-MALLAH SINGH, RAJPUT HIGH SCHOOL, INDAURA

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Lahore, dated 31 May 1934, which reversed a decree of the Senior Subordinate Judge, Kangra at Dharamsala, dated 19 December 1927. The respondents, the Managing Committee, Sunder Singh-Mallah Singh, Rajput High School, hereinafter referred to as "the Committee", filed the suit through Kharak Singh, member of the Committee and Manager of the School, and Chaudri Ram Singh, a member of the Committee, on 8 November 1926, and impleaded as defendants Sunder Singh-Mallah Singh Sanatan Dharam Rajput High School Trust, hereinafter referred to as "the Trust", through ten named trustees, of whom Rai Bahadur Chaudri Mallah Singh was the first named. In the plaint the respondents claimed (a) a declaration to the effect that "the plaintiff Committee is the managing body, trustee and administrator of Sundar Singh, Mallah Singh Rajput High School, Indaura, that the defendants have no connexion whatsoever with this school or its property, nor have they any right as trustees or administrators in the said school, that the plaintiff alone is the trustee and administrator of this property, in the interests of the said school, and that he alone is entitled to the income and authorized to spend it", and (b) a perpetual injunction against interference by the defendants. The property claimed was detailed as follows : 1. Rs. 95,000 on fixed deposit in the Punjab National Bank, Lahore. 2. War bonds of the value of Rs. 6000, also deposited with the said Bank. 3. Bonds, mortgage deeds and promissory notes, of the value of Rupees one lakh, and 4. Lands and school buildings, etc., mentioned in a list attached to the plaint.

(2.) The Trust through the trustees filed its Jawab.i.Dawa denying the right of the plaintiff to any relief, and, on the pleadings the Subordinate Judge framed the following issues : (1) Whether a suit for a declaration lies ? (3) Whether the plaintiff Managing Committee has locus standi to maintain the suit and has duly authorized Kharak Singh and Ram Singh to institute the suit ? (3) Whether the plaintiff Committee is not a duly registered body ? (4) Whether the management for the school and its properties become vested in the plaintiff Committee as trustees ? (6) What is the nature and the extent of the properties up to the date of the new trust, dated 26 November, 1925 ? (6) Whether the trust, if any, created in favour of the plaintiffs was invalid, because possession had not been transferred to them? (7) Whether on 16 November 1925, defendant 1 was still competent to deal with this property and create a new trust in favour of the defendants in connexion therewith ?

(3.) After considering the oral and documentary evidence, the learned Judge decided each of the issues in favour of the defendants and dismissed the suit. On appeal, this judgment was reversed by the High Court and decree was granted in the Committee's favour, declaring that the Indaura High School buildings and the lands attached to them, the sum of Rupees 95,000 and war bonds for Rs. 5000, and the mortgagee's rights under a deed of mortgage dated 2nd June 1920, in favour of the Indaura School, are property held in trust for the benefit of the school, and that the Committee have the right to manage the school and to manage this property for the purposes of the school. A perpetual injunction was granted against the interference of the defendants. The present appeal is against that decree.