Allegation of breach of trust not necessary for jurisdiction under Section 92 CPC. Direction of Court can be asked for even without proof of breach of trust.

R.S.Narula, J.

1. In village Cheema Khurd, Tehsil Patti, District Amritsar, there is a Dharamsala by the name of Baby Nanga. Sohan Singh appellant was its manager Achhar Singh and four others respondents before us, claiming to be worshippers of the said shrine, filed a suit in May, 1954, under Section 92 of the Code of Civil Procedure (after having obtained the requisite sanction of the Advocate-General, Pun-jab) for the removal of the appellant, for his eviction from the shrine and the property attach-ed thereto, as well as for rendition of accounts The grounds on which the said relief was claim ed were enumerated in paragraph 3 of the plaint, which would, on being translated into English, read as follows:-

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(i) The behaviour of Sohan Singh manager, the defendant mentioned in the heading of this plaint, has considerably worsened for some time and he does not properly look after the affairs of the said Dharamsala, nor does he properly behave with the persons who visit the aforesaid Dhararnsala lor purposes of worship, nor he keeps the langar (free kitchen), etc., running for the visitors for which purpose the said agricultural land was donated and the income thereof was to be spent. On the other hand, he expends the income thereof to meet his personal unlawful expenditure on the profligacy of his three major sons, who are extremely licentious, and to meet the unlawful expenditure of his wife, who is of loose character and is a licentious woman of extremely doubtful character.

(ii) All the members of his family induce the young women, who visit the said Dharamsala, to immoral act. He does not allow the common visitors to stay in the said Dhararnsala, nor they get meals from the langar (free kitchen). His voting sons induce the women visitors to immoral acts, and on their refusal to submit, they are harassed a lot. He does not show or render the accounts of income and expenditure of the property attached with the said Dhararnsala, nor he ever makes Parkash (instals and opens for recitation) of Shri Guru Granth Sahib, nor he celebrates any religious day or festival. On the other hand, he causes party faction in the village in order to derive undue advantage, fOR The above reasons it is necessary that Sohan Singh aforesaid defendant, in the interest of justice, be removed from the management of Dharamsala and dispossessed from the entire property relating to Dharamsala such as buildings and agricultural land, etc.. and that he be directed to render accounts of income and ex-penditure.

2. The suit was resisted by Sohan Singh, who denied the allegations of the plaintiffs. From the pleadings of the parties the trial Court framed the following issues:

1. Whether the plaintiffs have a locus standi to sue?

2. Whether the grounds alleged in paragraph 3 of the plaint exist and the plaintiffs are entitled to the relief asked for?

3. By his judgment, dated January 21, 1956, Shri Des Raj Dhameja. Subordinate Judge 1st Class, Amritsar, decreed the suit for the removal of Sohan Singh from the management of the shrine and for his dispossession therefrom as well as from the properties attached to the shrine with costs, but declined to grant a decree for rendition of accounts. On appeal issue No 1 was not seriously contested before the lower appellate Court at the time of arguments. On issue No. 2 the learned Additional District Judge found that there was preponderance of evidence on the side of the plaintiffs from which it stood sufficiently proved -

(i) that the son of the defendant abducted the wife of a barber:

(ii) that the wife of the defendant had illicit connections with one or two persons in the village.

(iii) that on the occasion of the yag ceremony (described as jag by the witness) the wife of the defendant behaved in a very disgusting manner in the presence of the gathering by allowing herself to be taken away by one Kartar Singh, who had come to the Dharam-sala, in the presence oi huge gathering and by being taken by him ins