Judgement

Appeal (No. 62 of 1936) from a decree of the High Court (May 31, 1934) reversing a decree of the Senior Subordinate Judge, Kangra, at Dharamsala (December 19, 1927).

One Chaudri Mallah Singh, of Kangra, who had for some years maintained a primary school in his village, Indaura, for the education of youths of his community, desired to extend the institution, and in 1919 a committee of sixteen leading Rajputs was selected for the management of the school, and rules and regulations and a memorandum of association were drawn up and filed and registered under the Societies Registration Act, 1860, the sixteen selected Rajputs being named as the Managing Committee (the present respondents). In 1925, desiring still further to extend the institution into a college, Chaudri Mallah Singh executed, on November 25, 1925, a deed of trust in favour of the present appellants, Sunder Singh-Mallah Singh Sanatan Dharam High School Trust, whose attempt to enter on their duties caused dissension between them and the respondent managing committee. It was thereupon agreed between the parties to leave the school and its properties in the possession of Chaudri Mallah Singh pending the result of l