Judgement

Appeal (No. 22 of 1930) by special leave from a decree of the High Court (April 12, 1927) reversing a decree of the District Judge of Aligarh (March 15, 1924).

The respondents instituted a suit praying for a declaration that property described in the plaint as a kunj dharamshala, together with four shops appurtenant thereto, constituted a public trust for religious and charitable purposes, that the defendants should be dismissed from being managers and trustees, for a scheme of management to be drawn up and for accounts. The respondents were two persons who claimed to be interested in the property and three members of the public. The institution of the suit was sanctioned by the Legal Remembrancer, who in 1912 had been appointed by the Local Government

under s.93 of the Code of Civil Procedure, 1908, to exercise the powers conferred by ss. 91 and 92 upon the Advocate-General.

The terms of s. 93 are set out in the present judgment; under s. 92 a suit of the above nature may be instituted with the sanction of the Advocate-General.

The trial judge held upon the evidence that no public trust existed and dismissed the suit.

Upon appeal the High Court (Mukerji and Ashworth JJ.)