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1981 Supreme(Bom) 270

S.J.DESHPANDE
Shrikrishna Annaji Sonatake – Appellant
Versus
Ramnarayan Pannalal Lathi and others – Respondent


JUDGMENT - Deshpande S.J. J.:-This second appeal is filed by original plaintiff against the appellate decree passed against respondent No. 4 Trust. Respondent Nos. 1 to 3 are the trustees of the Trust-respondent No. 4, though they are not described as such.

2. The plaintiff had filed a suit against the Trust initially in the Court of the Joint Civil Judge, Junior Division, Jalgaon, being Regular Civil Suit No. 618 of 1972 impleading the Trust as the first defendant and defendant Nos. 2 to 11 as original trustees. The suit was filed to recover an amount of Rs. 2,322 with future interest and costs. The case of the plaintiff was that the first defendant is a Public Trust and he was the employee of this Trust working as a teacher in one of the high schools conducted by the Trust. The plaintiff was appointed as the Head Master for academic year 1969–70 on monthly pay of Rs. 200 as the basic pay and permitted dearness allowance. The total salary of the plaintiff was Rs. 327 per month. It was the case of the plaintiff that he was appointed on June 11, 1969 for a period of one year i. e. from June 11, 1969 to June 10, 1970.

3. It appears that the school was closed within that time after appo




















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