JUDGMENT

SARKARIA, J.:— Controversy in these appeals by special leave relates to the interpretation and clarification of the judgment and decree of this Court in the case reported as Abdul Kayum v. Mulla Alibhai, (1963) 3 SCR 623. The appeals arise in these circumstances:

2. In the year 1902, certain members of Daudi Bohra Community of Burhanpur started a School, named Madrasai Faize Hakimia. Its primary object was to impart religious and secular education to boys of the Daudi Bohra Community. Funds were collected for the purpose of the school from the members of the community. The school prospered, and in the year 1911, it was raised to the status of High School under the name, "Madrasai Hakimia and Coronation High School." Earlier on May 24, 1909, one Daudi Bohra of Surat, named Abdul Hussain Abdullali Faizullabhai Muchhala, made a waqf of certain properties in Bombay for the benefit and advantage of this school. For the management of the Trust, he appointed 12 persons who were already functioning as trustees of the school. A few months later another trust came into existence for the benefit of the same School under a deed of Waqf and Trust (Ex. P-3) executed by six persons of Daudi Bohra Community of Burhanpur. eighteen persons including the executants of the trust-deed were named as trustees. It is stated in this deed that all movable and immovable properties connected with the School shall vest in these trustees who will also be entitled to govern, manage and administer the affairs of the School and shall have the power to frame rules and regulations from time to time for the benefit and efficient running of the School, and also have the power to appoint new trustees from time to time in accordance with such rules and regulations. These trustees managed the School and its properties including the properties of which Waqf was made in its favour under the Trust Deed of September 15, 1909.

3. On or about the 19th March 1917, 4 out of the 18 who were appointed under the Trust Deed, dated September 15, 1909, along with 3 other members of the Bohra Community of Burhanpur, formed themselves into a Society named Madrasai Hakimia and Coronation High School Society and got it registered, under Act XXI of 1860. The Society assumed the administration and management of the School and of all the properties movable (properties) and immovable endowed and dedicated for the purpose of the education in the said School. One group of non-believers of the Bohra Community refused to acknowledge Mullaji Taher Saifuddin Saheb, as Dail Mutalaq . This led to litigation which went upto the Privy Council.

4. In 1936, certain members of Daudi Bohra Community of Burhanpur filed a suit for a declaration that certain properties were the subject-matter of a public Trust for the education of the students of Daudi Bohra Community of the School. The trial Court dismissed the suit. But on appeal, the Nagpur High Court passed a decree declaring that the properties described in List X annexed to the decree were the subject-matter of the public trust of a religious and charitable nature for the benefit of Daudi Bohras irrespective of their persuasion.

5. On January 13, 1947, 4 members of the Daudi Bohra community residing at Burhanpur, instituted, with the consent of the Advocate-General, a suit under Sec. 92 of the Code of Civil Procedure. It was alleged that the defendants were not validly appointed trustees and had wrongfully assumed administration of the Trust and its properties. It was further alleged that defendants had committed various breaches of the trust. On these premises, the plaintiffs prayed: 1478

(a) That it may be declared that the defendants are not validly appointed trustees of the trust properties mentioned in Exh. D-List X hereof.

(b) That the defendants may be removed from the managmenent of the said properties mentioned in Ex. D List X hereof.

(c) That the defendants may be ordered to render on account of their administration of the said trus