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1984 Supreme(Pat) 48

P.S.MISHRA
Rai Mathura Prasad – Appellant
Versus
Special Officer, Bihar Hindu Religious Trust Board – Respondent


Judgment

1. Judgment-debtor has appealed against the judgment and order of the 6th Additional District Judge, Patna, affirming the judgment and order of the Munsif, Patna City, permitting the Special Officer of the Bihar Hindu Religious Trust Board to be added as a party to the execution proceeding in place of decree-holders to execute the decree on behalf of Sarva Mangala Devi Trust.

2. A public trust known as Sarva Mangala Devi Turst represented through its trustees, filed Title Suit No. 274/76 against the appellant and others for a decree of possession after removal of impediments, if any, and damages for use and occupation of the suit premises. The suit was decreed on 13-11-1976. The trustees filed execution case No. 24/77 for execution of the said decree. On 16-3-1981 a petition was filed on behalf of the Special Officer, Bihar Hindu Religious Trust Board for being added as a party to the execution proceeding in place of the decree-holder contending that two of the trustees, namely, Dhanesh Chandra Choudhary and Jagdish Prasad Jaiswal had gone in collusion with the defendant judgment debtor and were acting in a manner prejudicial to the interest of the trust and had been remove





















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