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1964 Supreme(Guj) 82

B.J.DIVAN
MEHTA JIVANLAL VASANTJI – Appellant
Versus
TRUSTEES OF GAYATRI MANDIR – Respondent


Advocates Appeared: D.U.SHAH, R.C.MANKAD,

B. J. DIVAN, J.

( 1 ) THE petitioner in this Civil Revision Application is the original defendant and he was working as the Pujari of a temple called Gayatri Mandir at Rajkot. The plaintiffs who are the opponents in this Civil Revision Application are the trustees of the Gayatri Mandir. In 1958 the trustees filed a suit being Suit No. 705 of 1958 and that suit is pending in the Court of the 5th Joint Civil Judge Junior Division Rajkot. In this suit the plaintiffs-trustees sought removal of the Pujari on various grounds viz. (a) old age of the Pujari and (b) the alleged breaches and violations of the rules of the Trust. The defendant in his written statement contended that the trust was not valid. He also challenged the validity of the appointments of the plaintiffs as the Trustees of Gayatri Mandir. He also challenged the validity of the rules with the breach or violation of which he was charged and he further challenged the competence of the trustees to remove the Pujari from his post.

( 2 ) IT appears that there was some previous litigation between the parties. In 1954 the Trustees had filed a suit being Suit No. 608 of 1954 against the Pujari and in that suit the same contentions





















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