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1958 Supreme(SC) 68

J.L.KAPUR, SYED JAFAR IMAM, B.P.SINHA
K. A. Dhairyawan – Appellant
Versus
J. R. Thakur – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, L.K.JHA, NAUNIT LAL, P.L.VOHRA, RAMESHWAR NATH ROY, S.N.ANDLEY

SYED JAFAR IMAM, J.

(1) THE appellants, as trustees, of the Mankeshwar Temple Trust had filed suit No. 2325 of 1948 in the High court of Bombay in its Ordinary Original Civil Jurisdiction, for a declaration that they were entitled to the building in suit and were entitled to claim possession of the same and to recover the rents and profits thereof. The appellants further prayed that the defendants may be ordered and decreed to obtain a letter of attornment from the tenants of the said property attorning to the appellants, that the first defendant may be ordered to render accounts of the rents received by him from the tenants of the said property from 23/05/1948, and that pending the hearing of the suit a Receiver may be appointed of the property in suit. The appellants had obtained leave of the High court under 0. 11, r. 2 of the Civil Procedure Code reserving to them liberty to file a separate suit with respect to the land on which the building was situated. The learned Judge who heard the suit decreed it in part in favour of the appellants. He also passed an order of injunction restraining the defendants 1, 2 and 5, their agents and servants, from interfering with the exer












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