Judgement

Appeal (No. 70 of 1932) from a decree of the High Court (June 12, 1929) affirming a decree of the Additional Subordinate Judge of Benares (November 30, 1926).

The parties were members of the Radha Swami religion, which was founded in 1861. The suit was instituted by the appellants against the respondents for a declaration, the substantial effect of which was that a so-called Radha Swami Trust was not a legal or valid trust and that, if it was, it was not a " trust created or existing for public purposes of a charitable or religious nature " so as to make Act

XIV. of 1920 applicable thereto.

The facts of the case appear from the judgment of the Judicial Committee.

The High Court (Sulaiman and Pullan JJ.) affirmed the c decree of the trial judge, who had dismissed

the suit.

1935. Feb. 8, 11. Upjohn K.C., De Gruyther K.C. and Parikh for the appellants, contended upon the

facts of the case that no trust was ever constituted so as to make the Act applicable ; there was no

evidence that any donor intended to create a trust, nor were the objects or beneficiaries defined.

[Reference was made to Vandrawandas v. Parvatibhai (( 1899) L. R. 26 I. A. 71.), Shambhai v.

Govardhan ( 1925 A. I.