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1962 Supreme(P&H) 155

MEHAR SINGH, SHAMSHER BAHADUR
Balkishan Dass – Appellant
Versus
Parmeshri Dass Deceased Substituted By Madhuri Sharan Sharma – Respondent


Judgment

Shamsher Bahadur, J.

1. This appeal arises out of a suit instituted by the two plaintiffs Parmeshwari Das and Sant Ram as trustees in respect of property known as Mandir Shri Nanidev Kalla Dhari Ji Maharaj in Bahawal-pur State for rendition of accounts against their co-trustees Bal Kishan Das and Gosain Jamna Das, hereafter referred to as the first and second defendants. In this suit were also impleaded Bhiwani Das who is now dead and Sardul Singh, as defendants Nos. 3 and 4. The fourth defendant in effect supports the plaintiffs suit. The suit has been decreed by the learned Sub-ordinate Judge, Amritsar, and a final decree for recovery of a sum of Rs. 1,87,123/8/3 with full costs has been passed against the first defendant. As the Court did not consider the plaintiff-trustees to be fit enough to receive this sum the defendant has been directed to make a deposit of it in some bank. Interest on the decretal amount has to be charged at the rate of 4 1/2% per annum from the date of the suit till the date of realisation. The second defendant on the other hand has been asked to make restoration of certain articles which he brought from the Mandir at Bahawalpur and in default, to




















































































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