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1929 Supreme(Mad) 315

Kalandar Batcha Saib – Appellant
Versus
Jailani Sahib – Respondent


JUDGMENT

1. This appeal arises out of a suit under Section 92, Civil P.C., for the removal of a trustee and for the appointment of a fresh trustee. The matter came up before us in A. Section 419 of 1924 which was an appeal against what may be regarded as a preliminary decree in the suit. That appeal was filed against the order of the Subordinate Judge removing the trustees, defendants 1 and 2 and recently we disposed of that appeal by confirming the order of the Subordinate Judge. The present appeal arises out of a later stage of the same proceedings. The question arose after the removal of the original trustees as to who should be appointed. There were various applicants. The appellants before us are nephews, sisters sons of defendant 2. C.R.P. 637 is on behalf of the minor son of defendant 3. The boy is aged 9 but it is contended before us that he may be appointed trustee and some respectable person may be appointed deputy to look after the management until he attains majority and becomes himself competent to look after the affairs of the darga. The respondent in this appeal is the lineal descendant in the senior line of Shah Phool, the second son of Shah Yedulla who was considere

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