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PETITIONER: MAHANT PRAGDASJI GURU BHAGWANDASJI
Vs.
RESPONDENT: PATEL ISHWARLALBHAI NARSIBHAI ANDOTHERS
DATE OF JUDGMENT: 07/03/1952
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. FAZAL ALI, SAIYID BOSE, VIVIAN
CITATION: 1952 AIR 143 1952 SCR 513 CITATOR INFO : F 1967 SC1044 (7) F 1972 SC 246 (11) RF 1975 SC 371 (9) D 1991 SC 221 (9)
ACT: Civil Procedure Code (Act V of 1908) s. 92--Religious trust--Allegation of breach of trust not made out--Direction for administration of trust not sought--Decree declaring existence of public trust--Whether legal and proper--Nature of suit under s. 92.
HEADNOTE: In a suit under sec. 92 of the Civil Procedure Code alleging that the defendant had been guilty of misconduct and breach of trust as Mahant and praying, inter alia, that the temple and properties in suit be declared as a religious and charitable trust and the defendant be removed from the Gadi and a suitable successor appointed in his place, the District Judge and the High Court held concurrently that the defendant was not guilty of misconduct or breach of trust and dismissed the suit, but made a declaration to the effect that the temple and properties in the possession of defend- ant belonged to a public trust of a religious and charitable character: Held, that a suit under sec. 92, Civil Procedure Code, is a suit ...