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1972 Supreme(All) 18

J.S.TRIVEDI
Gangadeen – Appellant
Versus
Kanhaiya Lal – Respondent


Advocates:
Krishna Prasad and Dhananjai Prasad, for Petitioner; S.D. Dubey and Sia Ram Singh, for Opposite Parties.

ORDER :- The opposite parties filed an application under Section 18 of the Religious Endowments Act for leave to institute a suit against the applicant stating that the trust in suit is being mismanaged by the applicant and the income of the trust misappropriated.

2. The suit was contested by the applicant. The learned Additional District Judge, Kanpur allowed the application and accorded permission to the opposite parties to institute the suit. This revision is directed against the order of the Additional District Judge.

3. Two points have been canvassed before me by the learned counsel for the applicant: (1) That the Additional District Judge had no jurisdiction to dispose of the application under Section 18 in the absence of any special notification by the State Government empowering him in that behalf and (2) That the learned Additional District Judge has not given any specific finding that the trust is a public trust. Reliance has been placed by him in Bhagwan Sitaram Khasale v. Namdeo Narayan Gore, AIR 1961 Bom 239 wherein it was laid down that:

"An Additional District judge has no jurisdiction to entertain an application for removal of a trust under S.14, Religious Endowments A





















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