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1926 Supreme(Mad) 180

Mandoori Durga Mallikharjana – Appellant
Versus
Gudipudi Gopalacharlu – Respondent


JUDGMENT

1. This is an appeal arising from a suit filed under Section 92 of the Civil Procedure Code for the removal of Defendants 1 to 7 from trusteeship of the plaint temple, for a declaration that certain properties described in the schedule belonged to the temple and for framing a scheme. The suit has been dismissed by the lower Court on the ground inter alia that none of the Defendants 1 to 7 is a trustee of the temple but that the trustee is really the 8th defendant, the Zemindar of Mirzapur, and that against him no sanction was obtained from the Collector and that the endorsement of sanction by the Collector on the plaint before he was added as a party is not a sufficient sanction to enable the suit to be maintained against him.

2. We think the Subordinate Judge is right in holding that the suit is not maintainable on the present sanction. The 8th defendant is the real trustee and as against him no sanction has been obtained. 8th defendant objected to the suit going on in the lower Court on this very ground, though before us he is nob pressing that objection as he has joined the plaintiffs. Nevertheless we think that the conclusion that the sanction obtained was not a proper s

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