Hon’ble Sudhir Agarwal, J.—Heard Sri Dharam Pal Singh learned Senior Advocate assisted by Sri C.K. Parekh for appellants and Sri Virendra Singh, Sri Apoorva Bhatt, Sri Ajay Kumar Singh and Smt. Swati Agarwal, Advocates for respondents.

2. This is defendants appeal under Section 96, Civil Procedure Code (hereinafter referred to as ‘CPC’) read with Section 47 of Charitable Endowments, Act VIII of 1890 (hereinafter referred to as ‘Act 1890’) arising from judgment and decree dated 17.8.1972 passed by Sri O.P. Saxena, Ist Additional District Judge, Varanasi in Original Suit No. 6 of 19701 (Suparas Das Jain and others v. Kumari Padma Agrawal and others)

3. The plaintiffs instituted aforesaid suit under Section 92 of Indian Trusts Act, 1882 (hereinafter referred to as ‘Act 1882’) in the Court of District Judge, Varanasi, after having obtained permission of Advocate General. The suit was instituted seeking relief of a direction for framing of new scheme for management of Trust in question, appointment of new Trustees, accounting of money realised by defendants from 19.9.1964 and onwards and to pass a decree of permanent injunction restraining defendants from interfering with management of Trust property.

4. The parties to the suit belong to a common tree. Pedigree of family as supplied to Court below, vide Paper No. Ka 1/66, and as made available to this Court, has a minor and negligible variance. However, this Court is referring to pedigree which is on record as Paper No. Ka 1/66. In the pedigree given in Paper No. Ka 1/66 and one which has been supplied to this Court, only difference is that entire tree is developed from common ancestor Chhote Lal in Paper No. Ka 1/66 while one supplied to this Court it is commenced with Chhote Lal, he had only one son Majlia Rai and thereafter the entire family tree has grown up and prefer to refer family tree as shown in Paper No. Ka 1/66 and it is as under.

Chote Lal
Gopal Chand		Surat Singh	Ram Das
Bisessar Pd.	Beharilal (Creator of Trust)	Hajarilal	Guljarilal
Harakh Chand		Nanak Chand	Gyan Chand
Chandulal	Manik Chand		Laxmi Chand	Munna Lal
	Bimal Chand (Defandant 7)	Nirmal Chand	Jain Kumar	Jitendra Kumar
Govind Chand	Hiralal		Motilal	Pannalal
	Moti Chand	Hari Chand	Bhagwan Das	Sri Chand
	Lalloo Ji	Raghunath Das	Gokul Chand
Maksudan Das	Mahdin Pd.	Krishna Das	Dauji	Makund Lal
	Ratan Chand (Defandant 9)		Dr. Padma Agarwal (Defandant 1)
	Gulab Chand	Lal Chand (Defandant 5)		Gopal Chand (Defandant 6)
		Nem Chand	Vijay Kumar	Narendra Kumar
Rajendra Kumar (Defandant 11)	Anat Kumar	Pannalal	Ashok Kumar	Vinod Kr.

5. Chhote Lal had three sons and from his sons he had three grandsons Beharilal, Hajarilal and Guljarilal. Sri Beharilal established a Trust vide Trust Deed dated 1.8.1976, registered on 21.8.1976 called as “Beharilal Digamber Jain Mandir and Dharamshala”.

6. During life time of Sri Beharilal, Trust was to be managed by Creator himself. After his death, Trust Deed contemplated a managing body constituting (i) Babu Channu Lal Jauhari son of Shiv Bol Babu (ii) Babu Prabhu Das (iii) Babu Ram Das (iv) Babu Harakh Chand (v) Babu Lallooji (vi) Babu Chhedi Prasad (vii) Babu Manohar Das (viii) Babu Channu Lal son of Bhairo Prasad (ix) Babu Braj Ratan Das alias Lalloo Ji (x) Babu Shankar Chand (xi) Babu Mahavir Prasad. It is further said that after the death of any of aforesaid persons, the members of his/their family shall form managing body.

7. Sri Dau Ji son of Raghunath Das was the last manager of Tr