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1933 Supreme(SC) 72

Mahomedally Adamji Peerbhoy and others – Appellant
Versus
Akberally Abdulhussein Adamji Peerbhoy and others – Respondent


Advocates Appeared:
W. Wallach, A.M. Dunne, J.M. Parikh, L. DeGruyther

Sir Lancelot Sanderson.-

This is an appeal from a decree dated 18th August 1930, made by the High Court of Judicature at Bombay in its appellate jurisdiction, affirming (with some variations which are not material to this appeal) a decree dated 12th March 1929, and made by Madgavkar, J., sitting in the said High Court in its original civil jurisdiction. The plaintiffs are members of the Dawoodi Borah Community and, having an interest in the trust, which is the subject matter of the suit, they obtained the consent of the Advocate-General at Bombay to institute the suit in pursuance of S. 92, Civil PC of 1908 on the basis that the trust was created for public purposes of a charitable and religious nature. The first plaintiff is a grandson of the late Sir Adamji Peerbhoy, who created the above-mentioned trust. The first five defendants are sons of the said Sir Adamji Peerbhoy, defendant 6 is the Official Assignee and assignee of the estate of the said five defendants, and defendant 7 is a receiver appointed in a Suit No. 720 of 1916.

The first four defendants are the appellants to His Majesty in Council. The suit was brought for the following amongst other reliefs:

(a) That it may be dec











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