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1996 Supreme(Kar) 372

M.F.SALDANHA
SHOLLAPURIYAMMAN TEMPLE TRUST (REPRESENTED BYTRUSTEES), BANGALORE – Appellant
Versus
ARULMIGU SHOLLAPURI AMMAN TEMPLEASSOCIATION (R), BANGALORE – Respondent


M. F. SALDANHA, J.

( 1 ) THE solitary point involved in this civil revision petition centres around the question as to whether the Trial Court was justified in granting leave under Section 92, C. P. C. to the respondents who are the plaintiffs before the Trial Court. They had briefly contended that the present petitioner-Trust is being mismanaged by the trustees and furthermore, that the Court should consequently issue a declaration that the properties of the trust vest in the plaintiffs and that they should be permitted to run the trust. This application was opposed by the present petitioners who contended that the 5th respondent was a tenant of the trust against whom certain legal proceedings were instituted and that in order to hit back, he has formed an association and is trying to usurp the trust and its properties. The petitioners had specifically contended that the ingredients of section 92, C. P. C. have not been satisfied and that consequently, the original plaintiffs should not be granted leave to institute the suit. The learned trial Judge heard the parties and came to the conclusion that in so far as the plaintiffs are alleging mismanagement of the affairs of the trust a








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