JIVANJI JAMSHEDJI LAKDAWALLA Vs. BURJORJI NASERWANJI VAKIL

JUDGEMENT

(1.) The respondents brought this suit to recover possession of the lands in dispute from the appellant alleging that from time to time a Committee of Managers had been appointed at Surat for the purpose of managing the properties of the Parsi Anjuman of that place; that the respondents were the present Committee, the first respondent being Chairman thereof; that the lands in dispute belonged to the Parsi Anjuman and had been in the management and possession of the respondents. They sought to recover possession in the capacity of managers. They also alleged that the appellant was a mere trespasser and was, therefore, liable to be ejected.

(2.) The first issue in the Court of first instance was: "Whether the plaintiffs are the managers of the property of the Parsi Anjuman of Surat." The appellant applied to the Subordinate Judge that that issue might be modified by adding to it the words "appointed lay the Parsi Anjuman." The Subordinate Judge thought it was unnecessary to allow the amendment, because, in his opinion, the words proposed to be added were mere surplusage.

(3.) It is common ground that the appointment of the respondents as a Committee was not by the Parsi Anjuman. The finding of the District Judge is also to that effect. He finds that they and before them their predecessors forming the Committee, of which the respondents are members, were appointed by the Parsi Panohayat in Bombay to administer certain trusts and the appointments had nothing to do with the Parsi Anjuman of Surat. Basing his argument on this finding of fact, Mr. Shah for the appellant contends that the respondents have no right to sue for recovery of the lands in dispute since these admittedly belong to the Anjumm and the respondents are not the Anjuman's nominees. But the District Judge has also found on the evidence that with the acquiescence of the Parsi Anjuman of Surat the respondents have been managing certain properties including the property in dispute, having received them in the year 1846 from one Bhikhaijee who till then held them under and with the authority of the Parsi Anjuman.